Neutral Citation No. - 2025:AHC:73814 Court No. - 84 Case :- APPLICATION U/S 482 No. - 44088 of 2024 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Brij Lal Shukla, 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 entire criminal proceeding as well as charge sheet dated 12.05.2002 and cognizance dated 23.05.2002 and the order dated 14.10.2024 in Criminal Case No.2004 of 2002 (State Vs. Pradeep Kumar and others) arising out of Case Crime No.171 of 2002, under Sections 420, 467, 468, 471, 120B IPC, Police Station Khatauli, District Muzaffar Nagar, pending before the court of Civil Judge (JD)/FTC Court no.1, Muzaffar Nagar. 3. Counsel for the applicant submits that applicant has been falsely implicated due to mala fide intention. The instant FIR lodged with malice intention and only to harass the applicant. No offence under the alleged sections is made out. Criminal proceedings and charge sheet is abuse of process of law. He therefore submits, no prosecution could proceed against the applicant, in such circumstances. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that prima facie offence is made out against the applicant, hence, applicant is not entitled for relief as prayed. 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. Considering the argument advanced by applicant's counsel and on perusal of record and FIR, it is apparent that NBW and proceedings U/s 82 and 83 Cr.P.C. have been initiated against the applicant and summon has been issued in the year 2002, more than 23 years have passed but applicant has not appeared before trial court. Applicant is avoiding and applying tactic for delaying the trial proceedings. No interference is warranted at this stage. 8. The present 482 application of applicant-Pradeep Kumar, is hereby dismissed with the aforesaid observation. Order Date :- 7.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad