Neutral Citation No. - 2025:AHC-LKO:27520 Court No. - 30 Case :- APPLICATION U/S 482 No. - 1065 of 2018 Applicant :- Prakash @ Prakash Kashyap Opposite Party :- The State Of U.P. And Anr. Counsel for Applicant :- Ganga Prasad,Hari Bux Singh Counsel for Opposite Party :- Govt. Advocate Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material brought on record. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet dated 18.10.2017, cognizance/summoning order dated 14.11.2017 and criminal proceedings of Criminal Case No.1216 of 2017 arising out of Case Crime No.126 of 2017, under Sections 363, 366 I.P.C., Police Station-Janakipuram, District-Lucknow, pending in the Court of A.C.J.M.-V, Lucknow. 3. Brief facts of the case, which are required to be stated, are that opposite party no.2 lodged F.I.R. on 29.04.2017 registered at Case Crime No.0126 of 2017, under Sections 363 and 366 I.P.C., Police Station-Jankipuram, District-Lucknow against the applicant, alleging inter alia that on 29.04.2017, at 06:00 a.m., a girl of his village aged about 14 years, was living at his house. Like every day, at 06.00 in the morning, after getting free from her daily routine, she went down and did not come back again and did not even tell about going anywhere. It is alleged by the complainant that a few days ago, girl was found talking to a boy, namely, Prakash, who was living near the police station Tikonia Park and when he asked Prakash's father, he told him that he did not know about him but Prakash wants to marry with the said girl. During investigation, victim was recovered and after recording her statement under Section 161 and 164 Cr.P.C., charge sheet was submitted against the applicant on 18.10.2017, on which Magistrate concerned took cognizance and summoned the applicant vide order dated 14.11.2017. 4. The main substratum of argument of learned counsel for the applicant is that the victim has not deposed a single word against the applicant either under Section 161 Cr.P.C. or under Section 164 Cr.P.C., however, without investigating the case in a proper manner, the Investigating Officer has submitted the charge-sheet against the applicant. He submitted that applicant has been falsely implicated in this case. No offence is made out against the applicant. Under the facts and circumstances of the case, impugned charge-sheet, cognizance/summoning order and proceedings against the applicant is liable to be quashed. 5. Per contra, learned Additional Government Advocate for the State refuting the submissions advanced on behalf of the applicant submitted that upon perusal of F.I.R. and on the basis of the allegations made therein as well as material against the applicant, as per prosecution case, the cognizable offence against the applicant is made out. The criminal proceedings against the applicant cannot be said to be abuse of the process of the Court. Hence this application is liable to be dismissed. 6. Having examined the matter in its totality, I find that the grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view 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 to an end to the process of trial provided under the law. It is well 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 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, which can be more appropriately gone into by the trial court at the appropriate stage. 7. At the stage of taking cognizance of the case and summoning the accused, the trial Court is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegations cannot be even determined at the stage of summoning the accused. 8. This Court does not find that this case fall in a categories as recognized by the Apex Court for quashing the criminal proceeding of the trial Court at pre-trial stage. Considering the facts, circumstances and nature of allegations against the applicant in this case, the cognizable offence is made out. At this stage, it would not be appropriate to adjudge whether the case shall ultimately end in conviction or not. Only prima facie satisfaction of the Court about the existence of sufficient ground to proceed in the matter is required. The impugned criminal proceeding under the facts of this case cannot be said to be abuse of the process of the Court. There is no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court. 9. The relief as sought by the applicant through the instant application is hereby refused. 10. This application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. . (Om Prakash Shukla, J.) Order Date :- 9.5.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench