Neutral Citation No. - 2025:AHC:75465 Court No. - 84 Case :- APPLICATION U/S 482 No. - 42442 of 2024 Applicant :- Nitin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Parikshit,Nitesh Vishwakarma,Pavan Gupta 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 the entire proceedings as well as the impugned charge sheet dated 01.09.2024 alongwith cognizance/summoning order dated 04.09.2024 in Criminal Case No.75761 of 2024 (State Vs. Vivek Dwivedi and others), arising out of Case Crime No.0044 of 2024, under Sections 420, 467, 468, 471 & 120-B of I.P.C., Police Station-Colonelganj, District- Kanpur Nagar, pending in the Court of Additional Civil Judge (J.D.), Third, Kanpur Nagar. 3. It is alleged in the FIR that named accused persons got appointment on the basis of forged and fabricated documents, thereafter, their credentials were verified and the same were found forged and fabricated. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. I.O. has not collected any cogent evidence to prosecute the applicant in the present case. Prima facie, no offence under alleged sections is made out. Learned without applying his judicial mind took cognizance and issued summons against the applicant. 4. Per contra, learned A.G.A. opposed the submissions raised by applicant's counsel and submits that submissions raised by learned counsel for the applicant 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. Learned Magistrate after considering the material evidence available on record, took cognizance and issued summons against 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 & 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 :- 9.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad