Shashi Kant Gupta, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A. This application u/s. 482 Cr.P.C. has been filed for quashing the summoning order dated 11.05.2012 passed by learned Special Chief Judicial Magistrate, Varanasi, as well as proceedings of the Complaint Case No. 2872 of 2010, u/s. 147, 148, 149, 323, 324, 307, 504 and 506 I.P.C., P.S. Rohaniya, District Varanasi, pending before the aforesaid Magistrate.
(2.) THE contention of learned 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. 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 submission 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 v. State of Punjab, : A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, : 1992 SCC (Cr.) 426, State of Bihar v. P.P. Sharma, : 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another (Para -10) : 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. The prayer for quashing the summoning order and the proceeding is refused and the application is, accordingly, dismissed.;