Heard learned counsel for the applicants and learned A.G.A. for the State.
The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the charge-sheet dated 21.04.2011 laid in case crime no. 114 of 2011, P.S. Lambhuwa, district- Sultanpur on which learned C.J.M., court no. 16, Sultanpur has taken cognizance for the offenses punishable under Section 307/34 I.P.C. and section 3/25 Arms Act.
The contention of learned 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.
Learned A.G.A. submitted that all the submissions made at the bar relate to the disputed questions 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 a right of discharge 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 including those which have been canvassed by him before this Court in this application.
The submissions made by learned A.G.A. have force.
Accordingly the prayer for quashing the proceedings of the aforementioned case is refused.
However, it is provided that in case the applicants move an application for discharge along with certified copy of this order before the court concerned, the same shall be dealt with in accordance with law at appropriate stage.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 11.3.2014 Faridul