HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 3386 of 2025 Court No. - 72 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 charge-sheet No.271 of 2024 dated 04.10.2024, summoning order dated 24.10.2024 as well as entire proceeding of Case No.19772 of 2024 (State vs. Subhash Rajbhar and another) arising out of Case Crime No.0329 of 2024, under sections 115(2), 352, 117(2), 351(2) B.N.S., 2023, Police Station Pawai, District Azamgarh, pending in the court of Additional Chief Judicial Magistrate, Court No.12, Azamgarh. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Both the parties have lodged NCR on account of injury received by the injured. NCR converted into FIR. Allegation alleged in the FIR is false, baseless and fabricated. Applicants were not present on the spot. Contains of the FIR is not supported by any medical examination report. 4. Per contra, learned A.G.A. vehemently opposed the submission raised by applicants' counsel and submitted that on perusal of FIR and medical examination report, prima-facie offence under alleged section is made out against the applicants. Injured has received grievous injury. Her leg got fractured. Medical examination report and other material evidence prima-facie discloses offence against the applicants is made out. 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 Versus Counsel for Applicant(s) : Krishnakant Verun Kumar, Suneel Kumar Counsel for Opposite Party(s) : G.A. Subhash Rajbhar And Another .....Applicant(s) State Of U.P. Through Secretary Home At Lucknow And Another .....Opposite Party(s) 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 528 B.N.S.S as the same do not suffer from any illegality or infirmity. 7. Considered the submission of both the parties. From perusal of FIR and other medical examination report, prima-facie offence is made out against the applicants. No interference is warranted. The present 528 B.N.S.S. application of applicants- Subhash Rajbhar & Sitara is hereby dismissed with the aforesaid observation. September 11, 2025 SKD NA528 No. 3386 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad