Neutral Citation No. - 2025:AHC:67948 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43077 of 2024 Applicant :- Pradeep Sharma Master Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh 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 charge-sheet dated 19.04.2024, cognizance/summoning order dated 09.05.2024 as well as to quash the entire proceedings of Case No.9783 of 2024 arising out of Case Crime No.321 of 2023 (State vs.Pradeep and others), under sections 420, 406, 504, 506 I.P.C., Police Station Ecotec-Third, District Gautam Budh Nagar, pending in the trial court. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is alleged in the FIR that the applicant invested money in the informant's firm and thereafter not received maturity amount. Allegation alleged in the FIR is false and baseless, not supported by any evidence. Learned counsel for the applicant next submitted that allegation alleged in the FIR that amount has been transferred in the account of applicant, is false and baseless. No amount has been transferred in the account of the applicant. Investigating Officer without collecting material evidence submitted charge- sheet against the applicant. Learned magistrate without applying his judicial mind took cognizance and issued summon against the applicant. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that submission raised by learned counsel for the applicant is disputed question of facts, which cannot be decided at this stage. Moreover, transfer of the amount in the account of the applicant and misappropriation of fund, which cannot be ascertained or examined 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 arguments raised by both the parties. Prima-facie offence is made out against the applicant. Submission raised by learned counsel for the applicant is disputed question of facts which cannot be taken into consideration at this stage. No interference is warranted. The present 482 application of applicant- Pradeep Sharma Master is hereby dismissed with the aforesaid observation. Order Date :- 30.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad