Neutral Citation No. - 2025:AHC:110845 Court No. - 72 Case :- APPLICATION U/S 482 No. - 38350 of 2024 Applicant :- Vimal Kumar Pandey Alias Vikki Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Jeet Yadav,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today on behalf of the applicant, is taken on record. 2 Heard learned counsel for the applicant, learned counsel for the informant and learned AGA for the State. 3. The present 482 Cr.P.C. application has been filed to quash the charge-sheet No.01-A34 of 2024 dated 10.02.2024, summoning order dated 19.07.2024 as well as entire proceeding of Case No.19170 of 2024 (State vs.Prashant Gupta and others) arising out of Case Crime No.08 of 2024, under sections 323, 325, 504, 506 I.P.C., Police Station Mohammadabad Gohana, District Mau, pending in the court of Judicial Magistrate, Mau. 4. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Applicant has been implicated in the present case being partybandi of the village. Applicant is not named in the FIR. Applicant's name surfaced during investigation in the statement of informant as well as injured. There is no specific allegation in regard to assault, orally it has been submitted that the applicant is neighbour. Cognizance and summoning by learned magistrate is without application of judicial mind. 5. Per contra, learned A.G.A. and learned counsel for the informant opposed the submission raised by applicant's counsel and submits that injured has received grievous injury and applicant's name has been surfaced during investigation and there is sufficient material to prosecute the applicant in the present case. 6. 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. 7. 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. 8. Considered the submission of both the parties. No interference is warranted. The present 482 application of applicant- Vimal Kumar Pandey @ Vikki, is hereby dismissed with the aforesaid observation. Order Date :- 11.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad