Neutral Citation No. - 2025:AHC:78731 Court No. - 84 Case :- APPLICATION U/S 482 No. - 41625 of 2024 Applicant :- Upendra Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Mishra,Shubham Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; 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 10.06.2024; cognizance/summoning order dated 22.08.2024 as well as entire proceedings of Criminal Case No.7854 of 2024 (State Vs. Upendra Sharma & another) arising out of Case Crime No.199 of 2024, under Sections 323, 452, 506, 386 I.P.C., Police Station-Sihani Gate, District-Ghaziabad, pending in the Court of Learned Additional Chief Judicial Magistrate-3, Ghaziabad. 3. It is alleged in the F.I.R. that applicants have extorted money of Rs.1 lac from the informant and threatened that they would not vacate the rented house. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case with malicious intention only to pressurize the applicants to vacate the house as the applicants are tenant of the disputed house. During course of argument, counsel for applicants submits that applicants' name have entered into electricity department and Nagar Nigam that applicants may file eviction suit and present proceeding is an abuse of the process of the court. The 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 A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and 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 applicants. The learned Magistrate has rightly summoned the applicants 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 :- 14.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad