Neutral Citation No. - 2025:AHC:63463 Court No. - 84 Case :- APPLICATION U/S 482 No. - 44752 of 2024 Applicant :- Lalit Mohan Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pratik Kumar Shukla,Rahul Kumar,Rohit 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 impugned charge sheet/ summoning order dated 02.05.2024 as well as entire proceedings of Case No. 1973/2024, arising out of Case Crime No. 05/2024 (State of U.P. Vs. Ajay Kumar Bharatdwaj & others), under Sections 323, 325, 452 I.P.C. at Police Station- Crossing Republic, District- Ghaziabad, pending in the Court of learned Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad. 3. Counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case. He next submitted that instant first information report was registered as Case Crime No. 05 of 2024, under Section 323 IPC with allegation that informant resides in same colony and dispute arose with her husband, thereafter, accused persons assaulted the husband of informant, as a result, informant's husband received fracture in his right hand. I.O. conducted investigation and on account of injury received by the injured, submitted charge- sheet under Sections 323, 325 and 452 IPC. He next submitted that I.O. has recorded statement of injured, namely, Rajat Gulati. Injured has not made any allegation against the applicant and stated that applicant did not assault him and rather, he was trying to save injured. Applicant is an old and sick person aged about 70 years. Applicant has been roped in the present case due to mala fide intention. Cognizance/Summoning order passed by learned Magistrate, is without application of his judicial mind and the same is liable to be quashed. 4. Per contra, learned A.G.A. for the State submitted that considering the material evidences and allegations against the applicant on record, as on date, as per prosecution case, the cognizable offence against the applicant is made out. Under the facts and circumstances of the present case as well as materials on record against the applicant, the criminal proceedings against the applicant cannot be said to be abuse of process of Court. There is no illegality in the impugned summoning order and instant 482 Cr.P.C. application is liable to be dismissed. 5. After having heard the learned counsel for the parties and perusing the entire record, 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 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 sprangly, only in such an appropriate case, where on the face of record, the criminal proceeding is clear abuse of the process of the Court. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage. 6. It is also well settled that at the stage of summoning the accused, the court below is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegation cannot be even determined at the stage of summoning the accused. There is no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court at this stage. The relief as claimed by the applicant through this application is refused. 7. The defence version of the applicant has to be considered by the court concerned at the appropriate stage. The accused/applicant has statutory remedy of moving discharge application before the court concerned at the appropriate stage. 8. Considering the material on record, it is directed that, if objection/discharge application is filed on behalf of the applicant before the court concerned within thirty days, it is expected that the court concerned will consider and decide the same expeditiously within a period of two months in accordance with law. Till the disposal of discharge application, no coercive action will be taken against the applicant. 9. With the aforesaid observations/directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 25.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad