Neutral Citation No. - 2025:AHC:93332 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43585 of 2024 Applicant :- Lal Bachan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Prasad Dubey 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. No. 01 of 2018 dated 18.03.2018 in Criminal Case No. 1289 of 2018 (State Vs. Lal Bachan and others) arising out of Case Crime No. 22 of 2018, Under Sections 323, 504, 506, 325 IPC, Police Station Brijmanganj, District Maharajganj. 3. Counsel for the applicants submits that instant FIR has been lodged with malicious intention in counterblast of the FIR lodged by the applicants against opposite party No.2. Instant FIR has been lodged after the much delay of one year. Injured received injuries on account of slip from motorcycle. Cognizance/summoning by learned Magistrate is without application of judicial mind. 4. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submits that the argument raised by applicants' counsel are disputed question of facts, moreover, injury report are supported by prosecution story. Injured-Vijay has sustained injuries of dislocation of shoulder joint seen, 11x1 cm of rt side of back 2 cm away tor rt boder of scapula, swelling on left temporal bor of size 4x3 cm of left side 4 cm away for upper end of left ear, COP of rt thigh of back side, COP of chest. Injured- Sadhana sustained injuries of Swelling 9x1 cm rt side of back 15 cm away lower end of scapula. COP of left shoulder, swelling on occipital bone of size 2x2x12cm away from upper end of rt ear. Investigating Officer has collected material evidence to prosecute the applicants in the present case, moreover, evidence cannot be examined at this stage. 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-Lal Bachan and Moti Lal, is hereby dismissed with the aforesaid observation. 8. However, if the applicants surrender before the concerned court within three weeks from today and apply for bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law. 9. For the period of three weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them. Order Date :- 30.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad