Neutral Citation No. - 2025:AHC:25718 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4900 of 2025 Applicant :- Tej Bahadur Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiraj Singh Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused material on record. 2. The instant application u/s 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 15.12.2022 and cognizance/summoning order dated 04.01.2024 as well as entire proceedings of Criminal Case No.454 of 2024, titled State v. Tej Bahadur Singh, arising out of Case Crime No. 210 of 2022, under Section 500 IPC and Section 66D, 67 I.T. Act, P.S. Khukhundu, District Deoria, pending in the Court of Additional Chief Judicial Magistrate Room No.25, Deoria. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case with an ulterior motive. There is no evidence to substantiate the allegations made in the FIR. The Investigating Officer has not conducted a fair investigation to find out who has posted inappropriate photographs and comments to defame and insult the complainant. The registration of FIR under Section 500 IPC is without jurisdiction; there is a bar under Section 199(1) Cr.P.C., as per which the aggrieved person should file a complaint. 4. Per contra, learned A.G.A. has opposed the application and submitted that there are serious allegations against the applicant that he has posted inappropriate picture on Facebook account and made indecent comments. 5. After hearing learned counsel for the applicant, learned A.G.A. for the State and having gone through the material available on record, this Court find force in the argument of learned A.G.A. and is prima facie satisfied, on examining the material placed before this Court, the ingredients of Sections 500 IPC and Section 66D, 67 I.T. Act are made out qua applicant. 6. So far as the submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record, it can also not be held that the impugned criminal proceedings are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly, no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order so as to warrant any interference by this court in the exercise of powers u/s 482 Cr.P.C. 7. The application u/s 482 Cr.P.C. is devoid of merit, and it is accordingly dismissed. Order Date :- 19.2.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad