Neutral Citation No. - 2025:AHC:67773 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43019 of 2024 Applicant :- Sri Vivek Kumar Singh Alias Golu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Kumar Singh Counsel for Opposite Party :- Anurag Pandey,G.A.,Sudarshan Singh Hon'ble Deepak Verma,J. 1. Heard Sri Rahul Kumar Singh, learned counsel for the applicants, Sri Sudarshan Singh, learned counsel for the informant, and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Case No.4029 /2024 [State Vs. Vivek Kumar Singh Altas Golu and others] in Case Crime No. 74/2023, under Section 147, 323, 504, 506, 452, 308 & 325 I.P.C., Police Station-Kotwali, District-Mau, pending in the court of Chief Judicial Magistrate, Mau. 3. Counsel for the applicants submits that applicants have been falsely implicated in the present case due to mala fide intention. Allegation in FIR is false and baseless. Instant FIR has been lodged on account of civil dispute pending between the parties. Injuries sustained by injured are simple in nature. 4. Per contra, informant's counsel opposed the submission raised by applicants' counsel and submits that injuries received by injured are grievous in nature, as such, it is not a case of false implication. On perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 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. The present 482 application of applicants, namely, Vivek Kumar Singh @ Golu, Vipin Singh, Tejbahadur Singh, Ajit Singh @ Bhim and Shailendra Kumar Singh @ Guddu, is hereby dismissed with the aforesaid observation. Order Date :- 30.4.2025 Nitin Verma (Justice Deepak Verma) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad