Surendra Singh, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A. and perused the material placed on record. The present application has been filed under Section 482 Cr.P.C. for quashing the charge sheet no. 97 of 2010 dated 8.5.2010 in Criminal Case No. 3765 of 2010 arising out of Case Crime No. 1118 of 2009, under Sections 304 -A I.P.C., Police Station Mubarakpur, District Azamgarh, pending in the court of Chief Judicial Magistrate, Azamgarh.
(2.) THE contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment. He pointed out certain documents and statements in support of his contentions. From the perusal of 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 a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of R.P. Kapur versus State of Punjab, : AIR 1960 SC 866, State of Haryana versus Bhajan Lal, : 1992 SCC (Cr) 426, State of Bihar versus P.P. Sharma, : 1992 SCC(Cr) 192, and lastly Zandu Pharmaceutical Works Ltd. versus Mohd. Saraful Haqe and another (Para 10), : 2005 SCC (Cr.) 283. The disputed defense of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge at appropriate stage. The prayer for quashing the proceeding is refused and the application under Section 482 Cr.P.C. is also dismissed.;