Bala Krishna Narayana, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 341 of 2013, under Sections 406, 504, 506 I.P.C., P.S. Cantt., district -Varanasi, pending in the court of A.C.J.M., Varanasi as well as charge sheet dated 13.7.2013.
(2.) 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. Per contra learned A.G.A. Submitted that 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. The submissions made by learned counsel for the applicant relates to disputed question of facts, 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 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.
(3.) THE submissions made by learned A.G.A. have force.;