Neutral Citation No. - 2025:AHC:51272 Court No. - 84 Case :- APPLICATION U/S 482 No. - 36452 of 2024 Applicant :- Phoolchand Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 04.12.2012 as well as cognizance and summoning order dated 24.04.2013 and 23.09.2014 passed by C.J.M. Maharajganj alongwith entire proceeding of Criminal No.1406 of 2013 arising out of Case Crime No.1222 of 2012 under section 471 I.P.C. Police Station-Kotwali, District-Maharajganj, pending before the court of C.J.M Maharajganj. 3. Counsel for the applicant submits that instant FIR was registered in the year 2012. Charge sheet has been submitted, thereafter, summon has been issued agaisnt the applicant but applicant has no knowledge regarding summoning by trial court. Civil suit is pending between the parties. Allegation against the applicant is that he sold the alleged property. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that court has issued summon against the applicant and applicant is not co-operating in trial proceedings, hence, applicant is not entitled for relief as prayed. 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-Phoolchand, is hereby dismissed with the aforesaid observation. 8. However, if the applicant surrenders before the concerned court within three weeks from today and applies for bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law. 9. For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him. 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