Neutral Citation No. - 2025:AHC:76988 Court No. - 84 Case :- APPLICATION U/S 482 No. - 38373 of 2024 Applicant :- Anand Prakash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manish Mishra,Surendra Prasad Mishra 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 entire proceeding of Criminal Case No. 1415 of 2024 (State Vs. Vivek Kumar & Others), arising out of Case Crime No. 70 of 2024, under Section 506 IPC, Police Station- Shikohabad, District- Firozabad, pending in the Court of Special Judge (POCSO Act), Court No. 3, Firozabad as well as impugned order dated 03.10.2024 passed by the Additional Session Judge/Additional Special Judge, POCSO Act, Court No. 3, Firozabad. 3. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Applicant has filed present 482 Cr.P.C. application for quashing the entire proceedings of aforesaid case as well as the impugned order dated 03.10.2024 by which discharge application of the applicant has been rejected by the Additional Session Judge/Additional Special Judge, POCSO Act, Court No. 3, Firozabad. He next submits that charge has been framed and two witnesses have been examined before the Trial Court. There is no evidence to prosecute the applicant in the present case. Trial proceeding is bad in the eye of law. 4. Per contra, learned A.G.A. opposed the arguments raised by applicant's counsel and submits that arguments raised by learned counsel for the applicant 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. Considered the submissions raised by learned counsel for the parties and perused the entire record. Charge has been framed and Trial Court is examining witnesses and two witnesses have been examined. The grounds taken in the application reveal that many of them relate to disputed question of facts. 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 482 application of applicant- Anand Prakash, is hereby dismissed with the aforesaid observation. Order Date :- 12.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad