Neutral Citation No. - 2025:AHC:137413 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 6721 of 2025 Applicant :- Dr. Chandan Alias Chandan Saroj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Patel,Sanjay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present 528 B.N.S.S. application has been filed to quash the charge-sheet no.194 of 2024 dated 09.12.2024,summoning order dated 04.01.2025 as well as entire proceeding of Criminal Case No. 216 of 2025 (State vs. Dr.Chandan) arising out of Case Crime No.0176 of 2024, under section 108 B.N.S, 2023, Police Station Thariyaon, District Fatehpur, pending in the court of Chief Judicial Magistrate, Fatehpur. 3. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Applicant is relative of the informant and he was in love with the deceased. Deceased marriage was settled with some other person, therefore, she had committed suicide. There is no evidence that the applicant abated the deceased to commit suicide. Allegation in the FIR is false and baseless and there is no material evidence to prosecute the applicant in the present case. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submitted that on perusal of FIR and statement of the witnesses recorded during investigation, prima- facie discloses offence against the applicant and it is alleged in the FIR that before commission of suicide, applicant and deceased talked many times on phone. Presumption is against the applicant and, moreover, statement of the witnesses are supporting the prosecutions story. 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, 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 482 Cr.P.C. as the same do not suffer from any illegality or infirmity. 7. Considered the submission of both the parties. On perusal of FIR and other material evidence, prima-facie offence is made out against the applicant. No interference is warranted. The present 528 B.N.S.S. application of applicant- Dr. Chandan @ Chandan Saroj, is hereby dismissed with the aforesaid observation. Order Date :- 13.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad