Bala Krishna Narayana, J. - (1.) HEARD learned counsel for the applicants and learned A.G.A. The present 482 Cr.P.C. petition has been filed for quashing the entire proceedings of Criminal Case No. 1870/2013, (arising out of Case Crime No. 569/2013, State Vs. Yogesh Achhra and others, under sections 420, 406 I.P.C., police station Phase -II, District Gautam budh Nagar pending before the A.C.J.M -III, Gautam budh Nagar.
(2.) THE contention of the counsel for the applicants is that no offence against the applicants 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. 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 applicants. 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 applicants have got a right of discharge under Sections 239, 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
(3.) THE prayer for quashing the proceedings of the aforesaid case is hereby refused.;