Bala Krishna Narayana, J. - (1.) HEARD learned counsel for the applicants 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. 118 of 2014, State Vs. Rama Kant and others, under Sections - 308, 325, 504, 506, 323 IPC, P.S. -Uska Bazar, District Siddharth Nagar pending before Judicial Magistrate, Siddharth Nagar as well chargesheet dated 31.10.2013.
(2.) THE contention of the counsel for the applicants is that no offence against the applicants are 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 applicants. The submissions made by learned counsel for the applicants 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 applicants have got a right of discharge under Section 239 or 227/228 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 submissions made by learned A.G.A. have force.;