- (1.) Heard Dr. C.P. Upadhyay, learned counsel for the applicants and the learned A.G.A.
(2.) This application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Criminal Complaint Case No.5091/2010 (Case Crime No.503/2007), under Sections 323/506/504/342 IPC, P.S. Kotwali Dehat, Bulandshahar, pending in the court of Additional Chief Judicial Magistrate (Room No.1), Bulandshahar.
(3.) The contention of the learned counsel for applicants is that no offence against 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. 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 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 the Apex Court in the cases of R.P. Kapur v. State of Punjab, 1960 AIR(SC) 866 , State of Haryana v. Bhajan Lal, 1992 SCC(Cri) 426 , State of Bihar v. P.P. Sharma, 1992 SCC(Cri) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and another, 2005 SCC(Cri) 283 .;