Neutral Citation No. - 2025:AHC:67788 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43026 of 2024 Applicant :- Komal Aneja And 4 Others 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 Sri Yogendra Pal Singh, 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 entire proceeding of Case No. 14449 of 2024 (State Vs Komal Aneja and others), arising out from the impugned cognizance/ summoning order dated 30.08.2024 passed by the learned court of Chief Judicial Magistrate, Hapur in Case Crime No. 418 of 2024, under sections 323, 504, 506, 147, 452 of IPC related to P.S. Hapurnagar, District Hapur. 3. Counsel for the applicants submits that applicants have been falsely implicated in the present case due to mala fide intention. Instant FIR has been lodged in counterblast as applicants' side had earlier lodged an FIR against the informant. On perusal of material evidence collected during investigation, no offence under the aforesaid sections is made out against the applicants. Injuries sustained by injured are simple in nature. Summoning by learned Magistrate, is without application of judicial mind. Summoning is abuse of process of law. 4. Per contra, learned A.G.A. vehemently opposed the submission raised by applicants' counsel and submits that prima facie offence is made out against the applicants. Injured has sustained grievous injuries and medical examination report supports the prosecution story, as such, it is not a case of false implication. On 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 applicants. All the submissions made at the Bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. No interference is warranted. 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. The present 482 application of applicants, namely, Komal Aneja, Saryu Aneja, Ankit, Sahil Badala and Prashant, is hereby dismissed with the aforesaid observation. Order Date :- 30.4.2025 Nitin Verma (Justice Deepak Verma) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad