Rajesh Dayal Khare, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A. for the State.
(2.) THIS application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings of Criminal Complaint Case No. 4921 of 2012 under Sections 323, 392, 506 IPC, police station Robertsganj, district Sonbhadra and to quash the summoning order dated 15.1.2014 passed by the Chief Judicial Magistrate, Sonbhadra. Learned counsel for the applicant has drawn the attention of this Court to annexure -2 to the affidavit accompanying this application, which is police report and according to which, no such incident ever took place and the applicant has been falsely implicated in the present case. 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.
(3.) 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 relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred 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 under Section 239 or 227/228 or 245 Cr.P.C. as the case may be 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.;