Neutral Citation No. - 2025:AHC:34328 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7705 of 2025 Applicant :- Shiv Kumar Dwivedi And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants and the learned A.G.A. for the State. 2. The present application has been filed seeking quashing of the charge framing order dated 23.01.2025, passed by the learned Sessions Judge, Banda, as well as the entire proceedings of Session Trial No. 880 of 2024, titled State v. Shiv Kumar Dwivedi & Others, arising out of Case Crime No. 397 of 2023, registered at Police Station Bisanda, District Banda, under Sections 147, 148, 307/149, 323/149, 504, 506 of the I.P.C. and Sections 3/25/27/30 of the Arms Act. 3. Learned counsel for the applicants has confined his prayer to the framing of erroneous charge under Section 307/149 IPC, contending that the said offence has not been made out based on the material collected during the investigation. Therefore, aggrieved by the order dated 23.01.2025, the applicants have preferred the present application for quashing the charge framed under Section 307/149 I.P.C. besides other sections. 4. The learned counsel for the applicants invited the attention of the Court on two facts: (i) there is no firearm injury to the victim, whereas the prosecution case is that the licensee gun caused a fire, and (ii) the medical report suggest that the injuries are caused at skull with blunt object, therefore, no charge can be framed under Section 307/149 I.P.C. 5. Per contra, learned A.G.A. has opposed the application, arguing that the recovery of the licensed firearm and the presence of injuries on vital parts of the victim's body sufficiently justify the charge under Section 307/149 IPC. It is contended that the framing of charges suffers from no legal infirmity, warranting no interference by this Court. 6. Upon hearing learned counsel for the applicant, learned A.G.A. for State, and on perusal of the injury report and the recovery of the licensed firearm, this Court is of the prima facie opinion that the ingredients of the offence under Section 307 IPC are attracted. The admissibility of the ballistic report and other incriminating materials collected during the investigation cannot be pre-judged at this stage. Consequently, this Court finds no illegality in framing charges under Sections 147, 148, 307/149, 323/149, 504, 506 IPC and Sections 3/25/27/30 of the Arms Act. 7. So far as the submissions raised by the learned counsel for the applicant are concerned, it can 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 proceeding 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 exercise of powers u/s 482 Cr.P.C. 8. The application u/s 482 Cr.P.C. is devoid of merit and it is accordingly dismissed. Order Date :- 10.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad