Neutral Citation No. - 2025:AHC:110255 Court No. - 72 Case :- APPLICATION U/S 482 No. - 42388 of 2024 Applicant :- Amit Khare And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Siddharth Shukla 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 dated 05.12.2020, cognizance/summoning order dated 05.11.2022 passed by the Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.5, Jaunpur, as well as entire proceeding of Case No.3049 of 2022 (State vs. Amit Khare and others) arising out of Case Crime No.349 of 2020, under sections 147, 323 I.P.C., Police Station Mungra Badshahpur, Jaunpur, pending in the court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.5, Jaunpur. 3. Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Both the parties have lodged FIR and received injuries. On applicants' side, injured has received fracture. Instant FIR lodged by the opposite party no.2 with malice intention only to harass the applicants. Allegation alleged in the FIR is not supported by any material evidence to prosecute the applicants in the present case. Investigating Officer has not collected any material evidence to prosecute the applicants. Cognizance taken by learned magistrate is without application of judicial mind. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that it is admitted case of the applicants that both the parties have lodged FIR and received injury and from the informant's side three persons have received injuries, which are supported the prosecution story and all other submissions raised by learned counsel for the applicants are disputed question of facts, which cannot be adjudicated by this Court at this stage. 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 submission of both the parties. From perusal of FIR and other evidence collected during investigation by the Investigating Officer, prima-facie offence is made out against the applicants. No interference is warranted. The present 482 application of applicants- Amit Khare, Sandhya Khare, Aastha Khare, Pooja Khare, Ragini Khare, Mayank Khare, Saurabh Khare, Soni Khare & Meena Khare, is hereby dismissed with the aforesaid observation. Order Date :- 10.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad