Neutral Citation No. - 2025:AHC:80058 Court No. - 84 Case :- APPLICATION U/S 482 No. - 36131 of 2024 Applicant :- Shaqir And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Hussain 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 impugned charge-sheet dated 15.12.2023, cognizance & summoning order dated 02.05.2024 as well as to quash the entire proceedings of Criminal Case No.105 of 2024 arising out of Case Crime No.315 of 2023, under sections 323, 452, 504, 506, 354(kha) & 336 I.P.C., Police Station Kotwali Nagar, District Aligarh, pending in the court of Additional Chief Judicial Magistrate Ist, Aligarh. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Instant FIR lodged with malice intention only to harass the applicants. Summoning by learned magistrate is without application of judicial mind. 4. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submits that submission raised by learned counsel for the applicant is disputed question of facts, which cannot be decided at this stage. From perusal of FIR and other material evidence, offence is made out against the applicants. 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, 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. 7. Considered the arguments raised by both the parties. On perusal of statement of the witnesses recorded during investigation and injury report of the injured, prima-facie offence is made out against the applicants. No interference is warranted. The present 482 application of applicants- Shaqir, Yaseen, Qasim, Yameen is hereby dismissed with the aforesaid observation. 8. However, it is directed that applicants shall surrender before the concerned Court below within three weeks from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 9. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. Order Date :- 15.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad