Neutral Citation No. - 2025:AHC:145636 Court No. - 72 Case :- APPLICATION U/S 482 No. - 2869 of 2025 Applicant :- Ashok & Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Mohd Qasim 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 528 B.N.S.S. application has been filed to quash the entire proceeding of special case No. 12588 of 2024 (State vs Pushpendra & Others), as well as charge-sheet dated 25-09-2023, arising out of case crime No. 132 of 2022 U/S 147, 148, 149, 323, 504, 506, 307 IPC PS. Ahar District- Buland Shahr, cognizance order 13-08-2024, passed by C.J.M, District Bulandshahr. 3. Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is alleged in the FIR that 10 persons came to the field of the informant with lathi, danda, balkat & farsa and assaulted him. At that time, the applicants were not present on the spot. As a result thereof informant, his brother, mother and five others have received injuries. Instant FIR lodged with malice intention only to harass the applicants as there is previous enmity between the parties. 4. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submitted that the applicants are named in the FIR and submission raised by applicants' counsel are disputed question of facts which cannot be adjudicated at this stage. Injured has received grievous injury. Statements of the witnesses have also supported the prosecution story. 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. Considered the submission of both the parties. On perusal of FIR and other material evidence, prima-facie offence is made out against the applicants. No interference is warranted. The present 482 Cr.P.C. application of applicants- Ashok & Gajendra, is hereby dismissed with the aforesaid observation. Order Date :- 23.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad