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2015 Supreme(All) 2637

PANKAJ NAQVI
Bharat Raj Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Ashwini Prakash Tripathi.
For the Respondents:Govt. Advocate.

JUDGMENT

Pankaj Naqvi, J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 460 of 2011, under Sections 147,323,452,504,506 IPC, P.S.- Suriyanva, District Sant Ravidar Nagar Bhadohi pending in the court of Judicial Magistrate, First, Bhadohi.

3. The contention of the counsel for the applicants is that no offence against the applicants are 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.

4. From the perusal of the materials 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


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