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2016 DIGILAW 1461 (ALL)

Haseen Raja v. State of U. P.

2016-04-20

SUNEET KUMAR

body2016
JUDGMENT Suneet Kumar,J. Heard 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 summoning order dated 03.03.2015 passed by the learned Additional Chief Judicial Magistrate, Court No. 6, Varanasi in Complaint Case No. 18 of 2014 (Sefta Haseen Versus Haseen Raja and others) in N.C.R. No. 148 of 2012, under Sections 323, 504 I.P.C., Police Station Shivpur, District Varanasi. 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 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 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. 4. The prayer for quashing the summoning order as well as proceedings of the aforesaid case is refused. In view of the above, this application is rejected.