Neutral Citation No. - 2025:AHC:70084 Court No. - 84 Case :- APPLICATION U/S 482 No. - 41358 of 2024 Applicant :- Amit And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Misra,Ram Sewak 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 charge-sheet no.432 of 2023 dated 22.12.2023, summoning order dated 10.04.2024 as well as to quash the entire proceedings of Criminal Case No.516 of 2023 (State vs. Amit & others), under sections 323, 325, 308, 504 & 506 I.P.C., Police Station Kirtpur, District Bijnor, pending in the court of Judicial Magistrate, Bijnor. 3. It is alleged in the FIR that on 13.11.2023 when informant and their family members were enjoying Deepawali celebration, named accused persons entered in the house of the informant and assaulted them. They received grievous injuries. Learned counsel for the applicants next submits that the applicants are innocent and have been falsely implicated in the present case. Allegation alleged in the FIR is false and baseless, not supported by prosecution story. Injured has received simple injury. As per statement of the accused, injured was heavy intoxicated, therefore, they fell on the ground and received injuries. He next submitted that no offence under section 308 I.P.C. is made out against the applicants. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that submission raised by learned counsel for the applicants is disputed question of facts, which cannot be decided at this stage. Injured has received grievous injury and four persons were received injury and fracture. 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 applicants. Submission raised by learned counsel for the applicants is disputed question of facts which cannot be taken into consideration at this stage. No interference is warranted. The present 482 application of applicants- Amit, Ravi, Pankaj & Promod is hereby dismissed with the aforesaid observation. Order Date :- 2.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad