- (1.) BY moving the present application under section 482 Cr.P.C., charge sheet dated 20.102013 and proceedings of Criminal Case No. 10144 of 2013 (State vs Umesh Gangwar and others) arising out of Case Crime No. 808 of 2013, under sections 420, 467, 468 and 471 IPC, PS Kotwali, district Bareilly pending before the Chief Judicial Magistrate, Bareilly have been prayed to be quashed.
(2.) HEARD learned counsel for the applicant and learned Additional Government Advocate for the State.
(3.) IT has been argued that the applicant is not named in the FIR, his name has appeared in the statement of the co -accused. 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, relates to the disputed question 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, 1960 AIR(SC) 866, State of Haryana Vs. Bhajan Lal, 1992 SCC(Cri) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC(Cri) 192and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC(Cri) 283. The disputed defence of the accused cannot be considered at this stage.;