R. P. Kapur vs The State Of Punjab on 25 March, 1960
Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the entire
proceeding and N.B.W. dated 2.8.2008 passed by learned Additional Chief
Judicial Magistrate, Room No.7, Allahabad in Criminal Case No. 1138 of
2003 (arising out of Case crime No.371 of 2002), under Section 379 I.P.C.
and Section 4/10 of Forest Act, Police Station Handia District Allahabad.
The contention of the 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 relates to the disputed question
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.)