Rajesh Dayal Khare, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A. for the State. This application under Section 482, Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 3440 of 2009 arising out of case crime No. 187 of 2008 under Section 26 of Indian Forest Act 1927 Section 3/4 of Prevention of Damages to Public Property Act, Section 4/10 Forest Conservation Act and Section 379 IPC, police station Haliya district Mirzapur pending in the Court of Additional Chief Judicial Magistrate -I Mirzapur.
(2.) IT is contended by learned counsel for the applicant that the applicant had earlier lodged the first information report against the Forest Mafia and others and the opposite party No. 2 was also found to be involved in irregular activities of illegally cutting of trees etc. It is argued that since the applicant had lodged first information report with regard to the illegal cutting of trees, the applicant has been falsely implicated in the complainant in the present case and the proceedings against the applicant are mala fide. 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.
(3.) THE prayer for quashing the proceedings is refused.;