Heard learned counsel for the applicant and the learned AGA for opposite party no.1 Notice to opposite party no.2 is dispensed with.
The applicant through the present application under section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with the prayer that the summoning order dated 10.03.2010 passed by the Judicial Magistrate Bahriach in Complaint Case No. 71 of 2010 under sections 323, 504, 506, and 420 I.P.C. at Police Station Risia, district -Bahraich be quashed.
The contention of the learned counsel for the applicant is that no offence is disclosed against the applicant and the present prosecution has been instituted with malafide intention for the purpose of harassment.
Upon perusal of 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 applicant and the present prosecution has been instituted with malafide intentions for the purposes of harassment. All the submissions made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Sections 482 Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by Hon'ble Supreme Court in cases of R.P. Kapur Versus State of Punjab reported in AIR 1960 SC 866, State of Haryana Vs Bhajan Lal, reported in 1992 SCC (Cr.)192,and lately Zandu Pharmaceutical Works Ltd Vs Mohd. Saraful Haqe and another reported in 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 Cr.P.C., 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.
In the event such an application is filed within one month from today, the trial court is directed to consider and dispose of the same within a period of two months from the date of its filing.
The prayer for quashing the summoning order is refused and the application is accordingly dismissed.
Order Date :- 29.6.2010 Adhir