Neutral Citation No. - 2025:AHC:61647 Court No. - 84 Case :- APPLICATION U/S 482 No. - 42126 of 2024 Applicant :- Rajiv Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A. 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 quash the entire proceedings of Case No.560 of 2021 arising out of Case Crime No.80 of 2020 (State vs.Rajiv Kumar), under sections 452, 354, 506 I.P.C., Police Station Sardhana, District Meerut, pending in the court of learned Judicial Magistrate, Meerut. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Allegation in the FIR is that the applicant physically molested the informant. To save himself, the applicant hit his head on wall and threatened the informant that if she lodged FIR then he will implicate her in a false case. Allegation alleged in the FIR is false and baseless, not supported by any evidence. During investigation, Investigating Officer has recorded statement of the victim under sections 161 & 164 Cr.P.C., which are not supported the prosecution story and contradictory itself. On account of previous enmity, he has been implicated in the present case. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that from perusal of FIR, prima- facie offence is made out against the applicant and submission raised by learned counsel for the applicant is disputed question of facts and cannot be decided at this stage. Prosecution story is supported by other material evidence. Trial court has rightly summoned the applicant. 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. No interference is warranted. The present 482 application of applicant- Rajiv Kumar 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