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Neutral Citation No. - 2025:AHC:75027 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37867 of 2024 Applicant :- Ankit Opposite Party :- State of U.P. and Another 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 dated 31.01.2023, cognizance /summoning
order dated 20.04.2023, arising out of Case Crime No.0504 of 2021, under sections 324, 323, 504, 506 I.P.C., Police Station Niwadi, District Ghaziabad, pending in the court of Additional Civil Judge (Senior Division), Court no.4, Ghaziabad. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Four persons are nominated in the FIR. Thereafter, Investigating Officer has submitted charge-sheet against the applicant and exonerated three other accused persons. Learned counsel for the applicant next submitted that injured has not supported the prosecution story and has not disclosed the name of the applicant for causing injury but Investigating Officer without collecting any material evidence, submitted charge-sheet against the applicant. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that the applicant's name has come forward in the statement of witnesses and co-accused for causing injury to injured by knife. Medical examination report is supported the prosecution story and submission raised by learned counsel for the applicant is disputed question of facts, which cannot be decided 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.From the record, it is apparent that the applicant has caused injury to injured by knife. No interference is warranted. The present 482 application of applicant- Ankit, is hereby dismissed with the aforesaid observation.
Order Date :- 8.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad