Neutral Citation No. - 2025:AHC:76635 Court No. - 84 Case :- APPLICATION U/S 482 No. - 38274 of 2024 Applicant :- Naiyyar Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Sharma,Rakesh Kumar Singh 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 charge-sheet No. 330/2023 dated 14.12.2023, summoning order dated 28.05.2024 as well as entire proceeding of Criminal Case No.741 of 2024 arising out of Case Crime No.434 of 2023 (State vs. Naiyyar Alam), under sections 394, 504, 506 I.P.C., Police Station Shahganj, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate Vth Court no.16, Jaunpur. 3. Allegation alleged in the FIR against the applicant is that the applicant after getting bail in the earlier FIR lodged by the informant, pressurized the informant to withdraw the aforesaid case, thereafter accused person snatched the wrist watch and Rs.5,000/-. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. FIR was lodged with malice intention as applicant has initiated civil proceeding against the informant and instant FIR registered only under section 156(3) Cr.P.C. Investigating Officer has not collected any evidence against the applicant. Cognizance taken by learned magistrate is abuse of the process of the court. 4. Per contra, learned A.G.A. and learned counsel for the informant vehemently opposed the submission raised by applicant's counsel and submitted that submission raised by learned counsel for the applicant is disputed question on facts which cannot be adjudicated at this stage. 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. Investigating officer has collected cogent evidence against the applicant. No interference is warranted. The present 482 application of applicant- Naiyyar Alam, is hereby dismissed with the aforesaid observation 8. However, if the applicant moves discharge application within three weeks from today before the court below, the court below shall consider the same and decide the application within two months expeditiously, in accordance with law. Order Date :- 12.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad