Neutral Citation No. - 2025:AHC:927 Court No. - 76 Case :- APPLICATION U/S 482 No. - 43974 of 2024 Applicant :- Munsaf @ Munsab And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Danish,Rajiv Sisodia Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused material on record. 2. The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet No.43 of 2022, dated 26.02.2022, summoning order dated 11.10.2022 in Case No.13474 of 2022, titled State v. Anil Gautam and others, under Sections 143, 341 IPC and Section 7 Criminal Law Amendment Act, P.S. Kotwali, District Jaunpur, pending in the Court of Chief Judicial Magistrate, Jaunpur. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the instant case as the applicant's house was near to the place of the incident. The applicants were not present on the spot. The applicants are not named in the FIR, and their name surfaced during the investigation. Therefore, the charge sheet has been filed against the applicants, which is vitiated under law. 4. Per contra, learned A.G.A. has opposed the application and submitted that even though the applicants are not named in the FIR and their name surfaced during the investigation, they are one of the accused, amongst others, who have blocked the highway by putting dead body on the road, which caused obstruction to the public. The ingredients of Section 143, 341 IPC, and Section 7 Criminal Law Amendment Act are satisfied. Therefore, no case for quashing the proceedings of the aforesaid case is made out. 5. After hearing learned counsel for the applicant, learned A.G.A. for the State and on perusal of the material collected by the Investigation Officer and the FIR, prima facie, it's established that initially, the FIR was registered against 15 named accused persons and 60-70 unknown persons subsequently during investigation the charge-sheet was filed against four accused persons including the applicants. Further, the offence under Sections 143, 341 IPC and Section 7 Criminal Law Amendment Act is made out against the applicants as they have blocked the highway by putting dead body on road, which caused obstruction to the public and assaulted the police. 6. So far as the submissions raised by learned counsel for the applicant is concerned, it call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record, it can also not be held that the impugned criminal proceedings are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly, no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order so as to warrant any interference by this court in the exercise of powers u/s 482 Cr.P.C. 7. The observation made herein above shall not affect the outcome of the trial and same has been made solely for the purpose of decision of this case. 8. The application u/s 482 Cr.P.C. is devoid of merit, and it is accordingly dismissed. Order Date :- 2.1.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad