Neutral Citation No. - 2025:AHC:135188 Court No. - 72 Case :- APPLICATION U/S 482 No. - 2578 of 2025 Applicant :- Rajendra Alias Rajendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Singh Yadav,Sanjay Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard Sri Deepak Singh Yadav, learned counsel for the applicants and learned AGA for the State. 3. The present 482 Cr.P.C. application has been filed to quash the entire Criminal Proceeding initiated against the Applicant arising out of Criminal Case No. 4077 of 2023 (State Vs. Rajendra and Others) relating to Case Crime No. 297 of 2023, Under Sections 419, 420, 467, 468, 471, I.P.C., Police Station Kotwali, District Mainpuri, Pending in the Court of learned Chief Judicial Magistrate, Mainpuri and to Quash the Impugned Charge-sheet No. 511/2023 dated 29/08/2023 (Annexure No. 1) submitted by Police in Case Crime No. 297 of 2023 as well as Quash the Impugned Cognizance-Cum-Summoning Order dated 02/09/2023 (Annexure No. 2) Passed by learned Chief Judicial Magistrate, Mainpuri. 4. It is alleged in the FIR that the property of Gaon Sabha was sold by named accused persons after manufacturing forged and fictitious documents. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. On perusal of FIR, no offence under the aforesaid sections is made out. Allegation against the applicant is that named accused persons fabricated the documents to get some monetary benefits. I.O. has not collected any material evidence to prosecute the applicant in the present case. 5. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that submission raised by applicant's counsel are disputed questions of fact which cannot be considered at this stage, moreover, statement of informant as well as witnesses discloses, prima facie, offence is made out against the applicant. I.O. has collected material evidence against the applicant which indicates that applicant indulged in manufacturing the forged and fictitious documents of Gaon Sabha, hence, applicant is not entitled for relief as prayed. No interference is warranted. 6. The grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that The impugned criminal proceeding against the applicants is abuse of the process of the Court and is liable to be quashed by this Court.the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in First Information Report or charge-sheet and the materials relied in support of same, on taking their face value and accepting in their entirety do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage. 7. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy and another, 2023 Live Law (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity. 8. The present 482 application of applicant-Rajendra @ Rajendra Singh, is hereby dismissed with the aforesaid observation. Order Date :- 11.8.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad