FARHAT BEGUM Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the applicants and learned A.G.A.

(2.) THE present 482 Cr.P.C. petition has been filed for quashing the entire proceedings of Case No. 1359 of 2011, (Dhirendra Nath Mishra Vs. Farhat Begum and others) and also quash the summoning order dated 07.08.2012 passed by learned Additional Chief Judicial Magistrate Court No. 20, Gorakhpur under Sections 323, 504, 506, 453, 580 I.P.C., Police Station Kotwali, District Gorakhpur, pending before learned Additional Chief Judicial Magistrate Court No. 20, Gorakhpur.

(3.) 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 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 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.