Neutral Citation No. - 2025:AHC:144888 Court No. - 72 Case :- APPLICATION U/S 482 No. - 2259 of 2025 Applicant :- Chhotelal Kain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A.,Shailendra Singh Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned counsel for the informant; 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 29.03.2023; cognizance/summoning order dated 16.10.2023 as well as entire proceedings of Case No.26948/2023 (State vs. Chhotelal Kain) Case Crime No.1029/2022, under Sections 354, 504, 506 1.P.C., Police Station Tajganj, District-Agra, pending in the Court of Chief Judicial Magistrate, Agra. 3. It is alleged in the F.I.R. that applicant physically molested the informant. Counsel for the applicants submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. The F.I.R. allegation is not supported by any evidence. The Investigating Officer has submitted charge sheet without collecting evidence and learned Magistrate without applying judicial mind summoned the applicants. He further submits that no prosecution could proceed against the applicants, in such circumstances. 4. Learned counsel for the informant and A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that F.I.R. version is very much supported by the statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. It is next submitted that submission raised by counsel for the applicants is based on factual dispute. The trial court has to examine the same. 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. There is material evidence against the applicant to prosecute him in the present case. The learned Magistrate has rightly summoned 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 :- 22.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad