Neutral Citation No. - 2025:AHC:85473 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37977 of 2024 Applicant :- Mohd Arif And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ved Prakash Tripathi 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 Charge Sheet dated 18.07.2023, Cognizance/Summoning order dated 01.03.2024 as well as the entire proceedings of Case No. 7991 of 2024 (State of U.P. Vs. Mo. Arif & Others), arising out of Case Crime No. 212 of 2022, under Sections 147, 323, 504, 506 I.P.C., Police Station- Sikandra, District- Kanpur Dehat. 3. It is alleged in the FIR that informant is Gram Pradhan of Gram Panchayat Alampur and she had gone with her husband, namely, Islam Quraishi to inspect the renovation work in the primary school of her village. She started inspecting the school, then, named accused persons molested, misbehaved and beaten her. The accused persons also snatched her mangalsutra and a gold chain. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Prima facie, no offence under alleged sections is made out. Instant FIR has been lodged with malicious intention only to harass the applicants. On perusal of statements of witnesses, it is evident that informant was not present at the spot and applicants have been implicated in the present FIR with ulterior motive. 4. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submits that informant and her husband (Islam Quarishi) have received injury in the alleged incident and injury report is supporting the contents of FIR. Moreover, statements of witnesses recorded during investigation, prima facie, disclose offence against the applicants. Summoning by learned Magistrate, is just and proper. Others submissions raised by learned counsel for the applicants are factual aspects of the matter, which cannot be considered at this stage by this Court in exercise of power 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 & Anr. 2023 LiveLaw (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 application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 21.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad