Neutral Citation No. - 2025:AHC:73573 Court No. - 84 Case :- APPLICATION U/S 482 No. - 44199 of 2024 Applicant :- Ashok Kumar Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Atipriya Gautam,Madhaw Pandey,Sr. Advocate,Vinod Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard 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 the Orders dated 26/10/2021 & 07/02/2023 passed by the Judicial Magistrate- II, Varanasi in Criminal Case No. 904 of 2010 (State Vs. Ashok Kumar Singh), arising out of Case Crime No. 760 of 2008, U/s 419, 420 IPC, Police Station Cantt., Varanasi, by which Non-Bailable Warrant (NBW) have been issued and Proceeding U/s 82 Cr.P.C.. has been initiated against the applicant. Further prayer has been made to quash the further proceedings of Criminal Case No. 904 of 2010 (State Vs. Ashok Kumar Singh), arising out of Case Crime No. 760 of 2008, U/s 419/420 IPC, Police Station Cantt., District: Varanasi, pending before the Court of Judicial Magistrate II, Varanasi District Varanasi. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Allegations alleged in the FIR is false, baseless and instant FIR has been lodged with malicious intention only to harass the applicant. Applicant is a soldier and presently posted as Nayak in the Indian Army. No offence under the alleged sections is made out. He therefore submits, no prosecution could proceed against the applicants, in such circumstances. 4. Per contra, learned A.G.A. vehemently opposed the submission raised by learned counsel for the applicant and submits that, prima facie, offence is made out against the applicant. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From the record, it is apparent that instant FIR was lodged in the year 2010, thereafter, applicant did not appear before the Trial Court to contest the trial proceedings, as such, N.B.W. and proceedings under Section 82 Cr.P.C. have been initiated against the applicant. 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 & Anr. 2023 LiveLaw (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. No interference is warranted by this Court. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 7.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad