Neutral Citation No. - 2025:AHC:61125 Court No. - 84 Case :- APPLICATION U/S 482 No. - 40080 of 2024 Applicant :- Devendra Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bipin,G.A.,Kunwar Abhishek 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 charge-sheet dated 08.05.2024, summoning order dated 22.05.2024 as well as to quash the entire proceedings of Criminal Case No.34407 of 2024 (State vs. Amit Sharma and others) arising out of Case Crime No.0621 of 2023, under sections 420, 406, 467, 468, 471, 120B I.P.C., Police Station Bisarakh, District Gautam Buddha Nagar, pending in the court of Chief Judicial Magistrate, Gautam Buddha Nagar. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is alleged in the FIR that named accused persons have fraudulently produced fabricated documents and thereafter took advance from the informant and entered into an agreement to sale. Applicant has paid Rs.22,79,750/- to accused persons. Applicant has no concern with the alleged agreement to sale and he has not received money and Rs.2 lakh has been transferred in the account of applicant, which has been returned back to the informant before lodging FIR. Learned counsel for the applicant next submitted that Investigating Officer has not collected any evidence to prosecute the applicant in the present case and summoning of applicant by learned magistrate is without application of judicial mind and liable to be set aside. 4. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submits that on perusal of FIR, prma-facie case is made out against the applicant and applicant is engaged in preparing fabricated documents of dead person. He has received an amount of Rs.2 lakh in his account. Accused person has intentionally prepared documents of dead person and entered into an agreement with informant and received money of Rs.22,79,750/-. 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. Considered the arguments raised by both the parties. Prima- facie offence is made out against the applicant. This Court cannot examine the factual dispute under 482 jurisdiction. No interference is warranted. The present 482 application of applicant- Devendra Sharma is hereby dismissed with the aforesaid observation. Order Date :- 23.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad