Neutral Citation No. - 2025:AHC:88030 Court No. - 84 Case :- APPLICATION U/S 482 No. - 39728 of 2024 Applicant :- Mohammad Abrar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard 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 impugned charge sheet No.172/23 dated 29.06.2023, summoning order dated 18.11.2023 passed by learned Chief Judicial Magistrate, Saharanpur as well as the entire proceedings of Case No.14996 of 2023 (State Versus Asif Siddique and others), arising out of Case Crime No. 347 of 2022, under Sections 420, 120-B I.P.C., Police Station- Kotwali Mandi, District- Saharanpur, pending in the Court of learned Chief Judicial Magistrate, Saharanpur. 3. Allegation in the FIR is that applicants and co-accused fabricated forged Nikahnama and sent the same to in-laws of the informant. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Applicants are having no concern with the alleged incident. Applicants are witnesses of the alleged Nikahnama and have been falsely implicated in the matter due to ulterior motive. 4. Per contra, learned A.G.A. opposed the submissions raised by applicants' counsel and submits that submissions raised by learned counsel for the applicants are disputed question of facts, which cannot be considered and examined at this stage by this Court in exercise of power under Section 482 Cr.P.C. Moreover, applicants are witnesses of the forged marriage certificate, which was sent to in-laws of the informant, as a result thereof, life of family members has become disturbed. 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 & 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 application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. 8. However, if the applicants surrender before the concerned court within three weeks from today and apply for bail, their bail applications 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 three weeks 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 :- 23.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad