Neutral Citation No. - 2025:AHC:71847 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37032 of 2024 Applicant :- Smt Anjana Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Shukla,Ram Prakash Upadhyay 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 impugned non-bailable warrant dated 11.09.2024 as well as to quash the entire proceedings of Complaint Case No.5170 of 2016, under sections 420, 467, 468, 471, 504 & 506 I.P.C., Police Station Shahganj, District Agra, pending in the court of Judicial Magistrate, Court No.4, Agra. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Instant FIR was registered under sections 120B, 506, 504, 471, 468, 467, 420 I.P.C. Investigating Officer submitted final report, thereafter, protest application was filed and trial court has treated application as complaint case and summoned the applicant in the year 2017. Learned counsel for the applicant submits that allegation against the applicant is false and baseless and not supported by any evidence. Prima-faice offence is made out against the applicant. Summoning by learned magistrate is without application of judicial mind. Applicant is a lady and she had no knowledge regarding summoning, therefore, non-bailable warrant has been issued. From the record, it is apparent that notice has been issued in the year 2017 under section 420 I.P.C. and, thereafter, the applicant has not appeared before trial court and present 482 Application was filed after about seven years of the summoning of the applicant. Moreover, from perusal of the contents allegation made in application, it is apparent that the applicant has executed sale deed, having no right over the property. 4. Per contra, learned A.G.A. for the State submitted that considering the material evidences and allegations against the applicant on record, as on date, as per prosecution case, the cognizable offence against the applicant is made out. 5. After having heard the learned counsel for the parties and perusing the entire record, 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 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 case, where on the face of record, the criminal proceeding is clear abuse of the process of the Court. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage. 6. It is also well settled that at the stage of summoning the accused, the court below is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegation cannot be even determined at the stage of summoning the accused. There is no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court at this stage. The relief as claimed by the applicant through this application is refused. 7. The defence version of the applicant has to be considered by the court concerned at the appropriate stage. The accused/applicant has statutory remedy of moving discharge application before the court concerned at the appropriate stage. 8. Considering the material on record, it is directed that, if objection/discharge application is filed on behalf of the applicant before the court concerned within thirty days, it is expected that the court concerned will consider and decide the same expeditiously within a period of two months in accordance with law. 9. With the aforesaid observations/directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 6.5.2025/SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad