Neutral Citation No. - 2025:AHC:85891 Court No. - 84 Case :- APPLICATION U/S 482 No. - 38006 of 2024 Applicant :- Rajesh Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 28.01.2024; cognizance order dated 21.05.2024 as well as entire criminal proceedings of Case No.5320/2024, arising out of Case Crime No.10/2024, (State Vs. Rajesh Kumar Yadav), under section 506 I.P.C., Police Station-Ghorawal, District-Sonbhadra, pending in the court of learned Additional Civil Judge (Junior Division), Court No.2, Sonbhadra. 3. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. No offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. It is alleged in the F.I.R. that applicant has threatened the witness of Case Crime No.42 of 2023 lodged under Sections 364, 120-B, 302, 201, 34 I.P.C. and instant F.I.R. has been lodged by the person who has not been threatened by the applicant. Moreover, the applicant is not main witness of the Case Crime No.42 of 2023. He is inquest witness in that case. Instant F.I.R. has been lodged with intention to get the bail cancelled. The Investigating Officer has submitted charge sheet without collecting evidence and learned Magistrate without applying judicial mind summoned the applicant. He further submits that no prosecution could proceed against the applicant, in such circumstances. 4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that on perusal of contents of F.I.R. as well as statement of witness, Parmeshwar Ghoraval, who has been threatened by the applicant, prima facie, offence is made out. The applicant has threatened the witness, Parmeshwar Ghoraval not to give statement against the applicant, otherwise he will face dire consequences. It is next submitted that applicant's submission with regard to witness in Case Crime No.42 of 2023, cannot be considered, at this stage. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter. 5. From the 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 applicant. The learned Magistrate has rightly took cognizance against the applicant in the aforesaid case. 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. 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. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 21.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad