Neutral Citation No. - 2025:AHC:81506 Court No. - 84 Case :- APPLICATION U/S 482 No. - 42565 of 2024 Applicant :- Nakul Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Bhawan Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; 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 13.4.2024; cognizance/summoning order dated 3.8.2024 as well as entire proceedings of Case No. 860 of 2022 (States Genda Singh and others) under Sections 323, 504, 506 of 1.P.C. Police Station Sherkot, District Bijnor. 3. Counsel for the applicant submits that applicant and opposite party no. 2 are neighbours and due to previous enmity instant F.I.R. has been lodged. No offence against the applicant is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. The F.I.R. allegation is not supported by any evidence. The injuries received by the injured are simple in nature. The Investigating Officer has submitted charge sheet without collecting evidence and learned Magistrate without applying judicial mind summoned the applicant. He further submits that no prosecution could proceed against the applicant, in such circumstances. 4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that F.I.R. version is very much supported by injury report. Three persons have received injury. As per medical examination, injured, Sanjay Singh has received seven injuries; lacerated wound of 4x1 cm. bone deep over right eye brow; contusion of 4.5x4.5 cm left side of forehead with eye brow; abrasion 3.5x3 cm. over left side eye face 1 cm and contusion of 6x4 cm over right side of face 7 cm. below to right ear. Another injured, namely, Guddi has received lacerated wound of 2.5x0.5 cm over x muscle deep over right side of skull. It is next submitted that submission raised by counsel for the applicant 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 applicant. On perusal of medical examination and other evidence, prima facie, offence is made out against the applicant. The learned Magistrate has rightly summoned the applicant in the aforesaid case. The order passed by the court below is just and proper. All the submissions made at the bar relate to the disputed questions of facts, 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. 8. However, as requested, if the applicant moves discharge application before the court concerned, the same shall be considered and decided, in accordance with law. Order Date :- 16.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad