Bala Krishna Narayana, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A. for the State. The present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 13.02.2013 of Case No. 334 of 2013 (State Vs. Nand Mohan Singh) arising out of Case Crime No. 6 of 2013 under sections 498A, 323, 504, 506 IPC, Police Station Shahpur, District Gorakhpur, pending before the Court of C.J.M., Court No. 20, Gorakhpur. The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.
(2.) FROM the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, : A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, : 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, : 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para -10) : 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court. The prayer for quashing the proceedings of the aforesaid case is hereby refused.
(3.) HOWEVER , it is provided that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail may be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in, 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in : 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.;