Neutral Citation No. - 2025:AHC:25267 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 5386 of 2025 Applicant :- Karan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Shukla 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 the material on record. 2. The instant application has been preferred with the prayer to quash the charge sheet No.77 of 2024 dated 28.04.2024, cognizance order dated 07.05.2024, as well as entire proceedings of Case No.2763 of 2024, titled State v. Ritesh Kumar and others, arising out of Case Crime No.26 of 2024, under Sections 419, 420, 467, 468, 471, 120-B I.P.C. and Section 6/10 of U.P. Public Examination Act, P.S. Pahari, District Chitrakoot, pending in the court of Civil Judge, Senior Division/A.C.J.M., Chitrakoot. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case. There is no direct allegation against the applicant. No recovery has been effected from the possession of the applicant. The prosecution has admitted that the applicant was 50 meters away from the examination center and sitting in a car. The applicant has no concern with the alleged offence. There is no independent witness against the applicant. There is no criminal antecedents against the applicant except the present case. 4. Per contra, learned A.G.A. has opposed the application and submits that the applicant was appearing in the examination in place of one Arvind and has taken Rs.50,000/- for solving the question papers. Recovery of two mobile phones, forged adhar card, fake admit card has been effected from the possession of the applicant. 5. After hearing learned counsel for the applicant, learned A.G.A. for the State and having perused the material available on record, its prima facie observed that the applicant was apprehended from a car parked 50 meters away from the examination center and had come to provide assistance in the written examination conducted for direct recruitment of UP police in place of other person and has taken Rs.50,000 from for solving the question papers. Recovery of two mobile phones, forged aadhar card, fake admit card has been effected from the possession of the applicant. The ingredients of Sections Sections 419, 420, 467, 468, 471, 120-B I.P.C. and Section 6/10 of U.P. Public Examination Act are satisfied. Therefore, no case for quashing of impugned proceedings is made out. 6. So far as the submissions raised by learned counsel for the applicant is concerned, it 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 :- 20.2.2025 Jitendra Justice Vinod Diwakar Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad