Neutral Citation No. - 2025:AHC:63487 Court No. - 84 Case :- APPLICATION U/S 482 No. - 44753 of 2024 Applicant :- Kalicharan And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Mishra,Shireesh Kumar Mishra 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 Cognizance order dated 11.09.2024 passed by Judicial Magistrate Sikandrarau, Hathras as well as Charge Sheet dated 30.06.2024 in Case No. 2165 of 2024 (State V/s Kalicharan and others), arising out of Case Crime No. 391 of 2024, under Sections 147, 148, 149, 341, 323, 504, 506, 452 of I.P.C., Police Station- Sikandrarau, District- Hathras, pending in the Court of Judicial Magistrate, Hathras. 3. It is alleged in the first information report that when informant was in her house and son- Jitendra went to dairy. On the way of son- Jitendra, named accused persons covered him and brutally assaulted by lathi, danda & iron rod, thereafter, they assaulted father-in-law and informant's husband. 4. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Instant first information report has been lodged on account of previous enmity, which is evident from the contents of the first information report. He next submitted that applicant no. 6, namely, Bhure Singh is not named in the first information report and his name surfaced in the statements of witnesses and injured persons. He next submitted that informant has intentionally implicated name of applicant no. 6, namely, Bhure Singh in the present case whereas all accused persons are named in the first information report. Injuries received by injured persons are simple in nature. 5. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submits that, prima facie, offence is made out against the applicants as allegations alleged in the first information report are supported by the statements of witnesses and in the alleged incident, three persons have received injuries. He next submitted that instant first information report is not encyclopedia of the alleged incident. Name of applicant no. 6, namely, Bhure Singh surfaced in the statements of witnesses and injured persons. Summoning by learned Magistrate is just and proper. Further, submissions raised by learned counsel for the applicants are disputed questions of facts, which cannot be considered and examined at this stage by this Court in exercise of power under Section 482 Cr.P.C. 6. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of record, it is apparent that applicants are named in the first information report and contents of first information report are supported by injury report of the injured persons. Name of applicant no. 6, namely, Bhure Singh has surfaced in the statements of witnesses and injured persons. Applicants claim parity with co-accused, Smt. Gujar Devi as the Co-ordinate Bench of this Court vide order dated 04.12.2024 passed in Application U/S 482 No. 41663 of 2024 (Smt. Gujar Devi And 2 Others Vs. State of U.P. and Another) granted interim protection that till the next date of listing, no coercive action shall be taken against the applicants on the ground that applicants therein are ladies but the case of present applicants is distinguishable from the case of other co-accused as specific allegation has been leveled against the present applicants. 7. 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. 8. 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. 9. The present 482 application of applicants, is hereby dismissed with the aforesaid observation. Order Date :- 25.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad