Neutral Citation No. - 2025:AHC:81328 Court No. - 84 Case :- APPLICATION U/S 482 No. - 42594 of 2024 Applicant :- Yogendra Pal Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chhaya Gupta,Sujeet Kumar Counsel for Opposite Party :- G.A.,Pankaj Sharma,Prashant Sharma Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the informant and learned AGA for the State. 3. The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 13.08.2024, cognizance/summoning order dated 25.10.2024 passed by learned Chief Judicial Magistrate, Hathras as well as the entire proceedings of Case No. 1521 of 2024 (State Vs. Yogendra Pal Singh), arising out of Case Crime No. 44 of 2024, under Sections 420, 467, 468, 471, 409 IPC, Police Station- Hathras Junction, District- Hathras, pending before the learned Chief Judicial Magistrate, Hathras. 4. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. All allegations alleged in the FIR are false, baseless and not supported by any cogent evidence. Instant FIR has been lodged with malicious intention only to harass the applicants. No offence under the alleged sections is made out. Learned Magistrate without applying his judicial mind took cognizance and issued summon against the applicants. He therefore submits, no prosecution could proceed against the applicants, in such circumstances. 5. Per contra, learned A.G.A. and learned counsel for the informant vehemently opposed the submission raised by learned counsel for the applicants and submits that submissions raised by learned counsel for the applicants are disputed question of facts, which cannot be considered and examined by this Court in exercise of power under Section 482 Cr.P.C. 6. After having heard the learned counsel for the parties and perusing the entire record, 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 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 case, where on the face of record, the criminal proceeding is clear abuse of the process of the Court. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage. 7. It is also well settled that at the stage of summoning the accused, the court below is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegation cannot be even determined at the stage of summoning the accused. There is no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court at this stage. The relief as claimed by the applicants through this application is refused. 8. The defence version of the applicants has to be considered by the court concerned at the appropriate stage. The accused/applicants have statutory remedy of moving discharge application before the court concerned at the appropriate stage. 9. Considering the material on record, it is directed that, if objection/discharge application is filed on behalf of the applicant s before the court concerned within three weeks from today, it is expected that the court concerned will consider and decide the same expeditiously within a period of two months in accordance with law. Till the disposal of discharge application, no coercive action will be taken against the applicants. 10. With the aforesaid observations/directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 16.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad