SANTOSH Vs. STATE OF U.P. AND ANR.

JUDGEMENT

(1.) HEARD learned Counsel for the applicant and learned A.G.A.

(2.) THE present Cr.P.C. petition has been filed for quashing the summoning order dated 1.5.2010 passed by Additional Chief Judicial Magistrate, Court No. 5, Aligarh, in case No. 652 of 2009 Gudda v. Santosh, under Section I.P.C. P.S. Gabhana, District Aligarh.

(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 applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 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 v. State of Punjab : A.I.R. 1960 S.C. 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and Anr. (Para -10), 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 or /, Cr.P.C. as the case may be 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.