Rajesh Dayal Khare, J. - (1.) HEARD learned counsel for the applicants and learned A.G.A. for the State.
(2.) THE present 482 Cr. P.C. petition has been filed for quashing the non -bailable -warrant order dated 26.03.2014 passed by learned Judicial Magistrate, Maharajganj in Criminal Case No. 7637 of 2011, under Sections 323, 504 I.P.C., and Section 3(1) X SC/ST Act, Police Station Kothibhar, District Maharajganj. The contention of the counsel for the applicants is that no offence against the applicants 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.) ALL the submission made at the bar 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, : 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.;