Neutral Citation No. - 2025:AHC:51656 Court No. - 84 Case :- APPLICATION U/S 482 No. - 36456 of 2024 Applicant :- Ram Swarath Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 2453 of 2006 (State Vs. Katra Devi and another) arising out of Case Crime No. 268 of 2000 Under Section 409 I.P.C., P.S. Lalganj, District Basti as well as impugned charge sheet dated 04.10.2000 and impugned cognizance/summoning order dated 16.08.2001 passed by the learned Additional Chief Judicial Magistrate-Ist, Basti. 3. Allegation in the FIR is that applicant, who being Gram Panchayat Vikas Adhikari, had embezzled the money of Rs.84,000/-. Counsel for the applicant submits that applicant has been falsely implicated in the present case. FIR has been registered in the year 2000. I.O. has submitted charge sheet. No offence under the alleged section is made out. Applicant is supporting the trial proceedings but applicant, on account of illness, is unable to move and he is unable to co-operate in trial proceedings. 4. Per contra, learned A.G.A. opposed the applicant's version. 5. 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. 6. 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, 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. 7. The present 482 application of applicant-Ram Swarath Chaudhary, is dismissed with the aforesaid observation. 8. However, if the applicant moves recall application before the concerned court below for recalling the NBW, within three weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of three months from the date of filing of recall application. Order Date :- 9.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad