Neutral Citation No. - 2025:AHC:61169 Court No. - 84 Case :- APPLICATION U/S 482 No. - 41031 of 2024 Applicant :- Smt. Minti And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rituraj Singh,Vishal Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Rituraj Singh Chauhan, 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 entire proceeding of Case No.4707/2024 (State Vs. Ram Prasad Chauhan and others), U/s 323, 504, 506, 452, 427, 34 I.P.C. Police Station Jahanganj, District Azamgarh, pending in the Court of Additional Judicial Magistrate, Court No.20, District Azamgarh as well as summoning order dated 2.9.2024, arising out from Case Crime No. 0304/2024, U/s 323, 504, 506, 452, 308, 427, 34 Ι.P.C. Police Station Jahanganj, District Azamgarh. 3. Counsel for the applicants submits that it is alleged in the FIR that both the parties involved in the assault and received injuries. Injuries are simple in nature. No offence under the alleged sections is made out against the applicants. I.O. has not collected any evidence to prosecute the applicants in the present case. Learned Magistrate, without applying judicial mind, issued summon against the applicants. 4. Per contra, learned A.G.A. has vehemently opposed the submission raised by applicants' counsel and submits that submission raised by applicants' counsel are disputed question of facts which cannot be entertained at this stage. Injury received by injured as grievous in nature and injury report supports the prosecution case, as such, it is not a case of false implication. Hence, applicants are not entitled for relief as prayed for. 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. The present 482 application of applicants, Smt. Minti, Rakesh, Shankar Chauhan and Ram Prasad Chauhan, are hereby dismissed with the aforesaid observation. 8. However, if the applicants surrender before the concerned court within 15 days from today and apply for bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922. 9. For the period of 15 days from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. Order Date :- 23.4.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad