HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11981 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present 528 B.N.S.S. application has been filed to quash the charge-sheet No.175/24 dated 01.06.2024, cognizance/summoning order dated 08.11.2024 as well as entire proceeding of Criminal Case No.33708 of 2024 (State vs. Brajesh Kumar @ Brajraj and others) arising out of Case Crime No.201 of 2024, under sections 452, 354, 323 & 504 I.P.C. Police Station Islam Nagar, District Budaun, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Budaun. 3. It is alleged in the FIR that the applicant no.1 entered into the house of the informant and trying to disrobed her, then informant made noise and cry then applicant no.1 fled away from the place. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Allegation alleged in the FIR is false and baseless and instant FIR lodged with malice intention on account of previous enmity. FIR has lodged after about 20 days from the date of incident. Statement of the witnesses recorded under sections 161 & 164 Cr.P.C. are not supporting the prosecution case. 4. Per contra, learned A.G.A. vehemently opposed the submission raised by applicants' counsel and submitted that the statement of the victim recorded under sections 161 & 164 Cr.P.C. prima-facie discloses offence against the applicants. Prima-facie offence is made out against the applicants and it is admitted case of the informant that the applicants are identified and recognized as neighbours. 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 Versus Counsel for Applicant(s) : Rajendra Kumar Yadav Counsel for Opposite Party(s) : G.A. Brajesh Kumar Alias Brajraj And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 528 B.N.S.S as the same do not suffer from any illegality or infirmity. 7. Considered the submission of both the parties. Statement of the victim recorded under sections 161 & 164 Cr.P.C. prima-facie discloses offence against the applicants and supported the prosecution story. No interference is warranted. The present 528 B.N.S.S. application of applicants- Brajesh Kumar @ Brajraj, Vijayveer & Udaiveer is hereby dismissed with the aforesaid observation. 8. However, it is directed that if applicants shall surrender before the concerned Court below within three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law. September 23, 2025 SKD NA528 No. 11981 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad