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2023 (5) TMI 250 - HC - Companies LawIllegal possession of the Office cum-guest house since the year 1987 - contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment - Section 452 of the Companies Act, 2013 - HELD THAT:- From the perusal of 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 submissions made at the bar relates to the highly disputed question of facts, 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 M/s Neeharika Infrastructure PVT Ltd. Vs State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, [2021 (4) TMI 1244 - SUPREME COURT], State of Haryana Vs. Bhajan Lal, [1990 (11) TMI 386 - SUPREME COURT], State of Bihar Vs. P.P.Sharma, [1991 (4) TMI 365 - SUPREME COURT], lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another [2004 (11) TMI 519 - SUPREME COURT], State of M.P. Vs Awadh Kishore Gupta and others [2003 (11) TMI 584 - SUPREME COURT], and Dr. Monica Kumar and Another Vs State of UP and Others, [2008 (5) TMI 687 - SUPREME COURT]. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. or 245 Cr.P.C. as the case may be, before the court below and he is free to take all the submissions in the said discharge application before the trial court. The application has no force and is accordingly dismissed.
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