Neutral Citation No. - 2025:AHC:88767 Court No. - 84 Case :- APPLICATION U/S 482 No. - 15316 of 2024 Applicant :- Tariq Alias Talib Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dur Vijay 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 482 Cr.P.C. application has been filed to quash the impugned charge-sheet dated 03.08.2023, cognizance/summoning order dated 09.08.2023 as well as entire proceeding of Case No.1658 of 2023 arising out of Case Crime No.317 of 2022, under sections 420, 467, 468, 471, 34, 120B I.P.C., Police Station Kaimganj, District Farrukhabad, pending in the court of Judicial Magistrate, Kaimganj, Farrukhabad. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant next submitted that the applicant is not named in the FIR. It is alleged in the FIR that Special Task Force conducted enquiry against M/s Mahesariya Supplier and Processor and it was found that the said company is not doing any business work and is no signboard of company. Learned counsel for the applicant submitted that the applicant's name surfaced in the statement of co-accused. There is no prima-facie evidence to prosecute the applicant in the present case. Cognizance and summoning by learned magistrate is without application of judicial mind. 4. Per contra, learned A.G.A. vehemently opposed the submission raised by applicant's counsel and submitted that the applicant was found involved with named accused persons, which is evident from the statement of co-accused and other submission raised by learned counsel for the applicant is disputed question on facts which cannot be adjudicated at this stage. Cognizance and summoning by learned magistrate is just and proper and Investigating Officer has collected evidence against the applicant in the aforesaid sections. 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 arguments raised by both the parties. No interference is warranted. The present 482 application of applicant- Tariq alias Talib, is hereby, dismissed with the aforesaid observation. Order Date :- 26.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad