HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 12045 of 2021 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants, learned counsel for the informant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet no.41/2019 dated 17.03.2019, cognizance order dated 10.03.2021 as well as entire proceeding of Criminal Case No.354 of 2021 (State versus Shakti Srivastava), under sections 452, 354, 354A, 504 & 506 I.P.C. P.S.Daraganj., District Allahabad (Prayagraj) pending in the court of Special Chief Judicial Magistrate, Prayagraj. 3. It is alleged in the FIR that applicant entered in the house of the informant and physically molested opposite party no.2. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Statement of the victim under section 164 Cr.P.C. has not been recorded and instant FIR lodged with malice intention as applicant has lodged FIR one day before lodging FIR by the opposite party no.2. Allegation alleged in the FIR has been collected by the Investigating Officer during investigation and not supported the prosecution story. 4. Per contra, learned A.G.A. opposed the argument raised by applicant's counsel and submits that contents of the FIR and statement of the victim and other witnesses recorded during investigation by the Investigating Officer prima-facie discloses offence against the applicant 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 pre-trial stage should not be used in a routine manner but it has to be used sparingly, Versus Counsel for Applicant(s) : Bibhuti Narayan Singh Counsel for Opposite Party(s) : G.A. Shakti Srivastava .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. Considering the argument raised by applicants' counsel and perused the record, it is evident that prima facie offence is made out. The Apex Court in its judgment passed in the case of Manik B. Vs. Kadapala Sreyes Reddy and another, 2023 Live Law (SC) 642, para 6 and 7 are quoted herein below:- "6. Whether the testimony of the witnesses is trustworthy or not has to be found out from the examination-in-chief and the cross-examination of the witnesses when they stand in the box at the stage of such trial. 7. Such an exercise, in our considered view, is not permissible while exercising the jurisdiction under Section 482 Cr.P.C." 7. 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. 8. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. October 29, 2025 SKD A482 No. 12045 of 2021 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad