Neutral Citation No. - 2025:AHC:82694 Court No. - 84 Case :- APPLICATION U/S 482 No. - 40617 of 2024 Applicant :- Banai Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Shanker Pathak Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; 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 entire criminal proceedings as well as quash the cognizance order dated 05.06.2023 and NBW order dated 20.04.2024 passed in Criminal Case No. 20183 of 2023 (State vs. Bane Singh), Charge sheet dated 12.05.2023 arising out of Case Crime No. 75 of 2023 under Sections 323, 324, 325, 504, 506 IPC, Police Station Kirawali, District Agra pending the in the court of Additional Chief Judicial Magistrate, Agra. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Prima facie, no offence is made out against the applicant. Applicant is named in the FIR. During investigation, the Investigating Officer has not collected any evidence to prosecute the applicant but submitted charge sheet against the applicant. Instant FIR has been lodged with malicious intention only to harass the applicant. Learned Magistrate without applying his judicial mind took cognizance and issued summon against the applicant. He therefore submits, no prosecution could proceed against the applicant, in such circumstances. 4. Per contra, learned A.G.A. vehemently opposed the submissions raised by learned counsel for the applicant and submitted in paragraph 11 of the affidavit, it is mentioned that charges have been framed and trial proceeding commenced against the applicant. Further, statement of P.W.1 has been recorded before the Trial Court. Other submissions raised by counsel for the applicant are disputed question of facts, which cannot be considered and examined by this Court at this stage in exercise of power under Section 482 Cr.P.C. 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 applicant 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. Order Date :- 17.5.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad