Neutral Citation No. - 2025:AHC:66219 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43852 of 2024 Applicant :- Krishna Avatar Shukla And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivam Shukla,Sushil Kumar Shukla 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 dated 24.06.2022, cognizance/summoning order dated 05.12.2022 as well as to quash the entire proceedings of Criminal Case No.244141 of 2022 arising out of Case Crime No.443 of 2022 (State vs.Krishna Avatar Shukla & another), under sections 323, 354, 504,294 I.P.C., Police Station Naubasta, District Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. All allegation alleged in the FIR is false and baseless and it is a no injury case. All injuries are simple in nature. Investigating Officer has submitted charge- sheet against the applicant no.1 under sections 323, 354, 504 and 294 I.P.C., against the applicant no.2 under sections 323, 504, 354 I.P.C. and learned magistrate without applying his judicial mind, has summoned the applicants under sections 323, 354, 504, 294 I.P.C. Learned counsel for the applicants next submitted that from perusal of the statement of the victim, no offence under alleged section is made out. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's' counsel and submits that from perusal of FIR, prima- facie offence is made out against the applicants and submission raised by learned counsel for the applicants is disputed question of facts and cannot be decided at this stage. Contents of the FIR are supported by medical examination report and witnesses have supported the prosecution story. 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 applicants. No interference is warranted. The present 482 application of applicants- Krishna Avatar Shukla & Rajneesh Shukla, is hereby dismissed with the aforesaid observation. Order Date :- 29.4.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad