Neutral Citation No. - 2025:AHC:32380 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7173 of 2025 Applicant :- Vinit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Raj 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 13.10.2024 and cognizance order dated 27.11.2024 in Case No.230 of 2024, arising out of Case Crime No.185 of 2024, under Sections 109, 121 (1), 352, 351(2), 132, 238 B.N.S. and Section 3 Prevention of Damage to Public Property Act, 1984, P.S. Friends Kuthod, District Jalaun, pending in the Court of Judicial Magistrate, Jalaun. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with a malicious and ulterior motive. It is contended that the applicant is not named in the FIR, and his name was only brought up during the course of the investigation, where it was allegedly claimed that he was the driver of the vehicle involved in the attack on the police personnel. However, it is submitted that there are no eye-witness to the alleged incident, and no injuries have been reported, nor has any medical examination been conducted by the Medical Officer. Additionally, the applicant has no previous criminal history. In view of the aforesaid facts, the applicant submits that the charges leveled against him are entirely unfounded and devoid of any legal or evidentiary basis. 4. Per contra, learned A.G.A. has opposed the application and submits that there are eight commercial challan on the vehicle which was being driven by the applicant. When the Enforcement Team signaled to stop the vehicle, the applicant tried to trample the car to the Enforcement Team. The ingredients of Sections 109, 121 (1), 352, 351(2), 132, 238 B.N.S. and Section 3 Prevention of Damage to Public Property Act, 1984 are satisfied. 5. After hearing learned counsel for the applicant, learned A.G.A. for the State and having gone through the record, it is prima facie observed that there are seven commercial challan against the vehicle which was being driven by the applicant. There are allegations against the applicant that when the Enforcement Team signaled to sop the vehicle he tried to trample them by his car. The ingredients of Sections 109, 121 (1), 352, 351(2), 132, 238 B.N.S. and Section 3 Prevention of Damage to Public Property Act are satisfied. 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 :- 5.3.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad