Neutral Citation No. - 2025:AHC:72217 Court No. - 84 Case :- APPLICATION U/S 482 No. - 21401 of 2024 Applicant :- Mukhaya Arakshi 308 Om Pal Singh Alias Ompal Singh Gagwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna 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 482 Cr.P.C. application has been filed to quash the impugned charge-sheet No. 289/2023 dated 16.11.2023, summoning order dated 12.01.2024 as well as to quash the entire proceedings of Case No.2093 of 2024 arising out of Case Crime No.137 of 2023 (State vs. Mukhaya Arakshi 308 Om Pal Singh), under sections 420, 467, 468, 471 I.P.C., Police Station Milak, District Rampur, pending in the court of Judicial Magistrate, Rampur. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Allegation in the FIR is that the applicant got job in place of his father by submitting false and fabricated High School certificate. Applicant got job in the year 1997 in place of his father, who died during service. It is submitted that before joining service, all mark- sheet and educational documents were verified by the department and he was permitted to joint service and on complaint of unknown person, enquiry had been initiated and it has been found that false and fabricated documents have been submitted. Prima- facie no offence is made out against the applicant. Whole proceeding against the applicant is malice prosecution. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that from enquiry High school certificate has found fake and all documents have found forged. Prima-facie offence is made out against the applicant. 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. It is apparent that there is allegation of preparation of forged and fabricated mark-sheet. Applicant has filed supplementary affidavit which discloses that the applicant's services was dismissed by order dated 29.07.2024. No interference is warranted. The present 482 application of applicant- Mukhaya Arakshi 308 Om Pal Singh @ Ompal Singh Gangwar is hereby dismissed with the aforesaid observation. Order Date :- 6.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad