Rajesh Dayal Khare, J. - (1.) HEARD learned counsel for the applicants and learned A.G.A. for the State. This application under Section 482, Cr.P.C. has been filed for quashing the proceedings of Case No. 4544 of 2008 arising out of case crime No. 353 of 2008 under Sections 147, 332, 224, 225, 307 IPC and Section 7 Criminal Law Amendment Act, police Rampur, district Jaunpur pending in the court of Additional Chief Judicial Magistrate -IV Jaunpur.
(2.) THE contention of the counsel for the applicants is that it is a cross in which both sides have received injuries and the incident took place at the spur of the moment and at this stage it cannot be said as to who was the aggressor and the police has lodged the present case against the applicants mala fidely and the applicants have been falsely implicated in the present case due to ulterior motive. 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 applicants. 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 applicants have 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 they are free to take all the submissions in the said discharge application before the Trial Court.
(3.) THE prayer for quashing the proceedings is refused.;