Munni Devi vs State of U.P. and Another

Shashi Kant Gupta, J.—Heard learned counsel for the applicant and learned A.G.A. This application u/s. 482 Cr.P.C. has been filed for quashing the summoning order dated 11.05.2012 passed by learned Special Chief Judicial Magistrate, Varanasi, as well as proceedings of the Complaint Case No. 2872 of 2010, u/s. 147, 148, 149, 323, 324, 307, 504 and 506 I.P.C., P.S. Rohaniya, District Varanasi, pending before the aforesaid Magistrate.

The contention of learned counsel for the applicant is that no offence against the applicant 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.

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 applicant. All the submission made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court u/s 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. The State of Punjab, , State of Haryana and others Vs. Ch. Bhajan Lal and another Shri S.A. Khan, , State of Bihar and Another Vs. P.P. Sharma, IAS and Another, and lastly Zandu Pharmaceutical Works Ltd. and Others Vs. Md. Sharaful Haque and Others, . The disputed defence of the accused cannot be considered at this stage. The prayer for quashing the summoning order and the proceeding is refused and the application is, accordingly, dismissed.