Neutral Citation No. - 2025:AHC:66517 Court No. - 84 Case :- APPLICATION U/S 482 No. - 21618 of 2024 Applicant :- Shivmangal Singh Opposite Party :- State Of Up Another Counsel for Applicant :- Kamal Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 08.01.2024; cognizance/ summoning order dated 02.02.2024 passed by Judicial Magistrate Jalaun at Orai as well as entire proceedings of Criminal Case No.156 of 2024 (State Vs. Shiv Mangal Singh) arising out of Case Crime No. 282 of 2023, under Sections 279, 304A I.P.C., P.S. Kuthaund, District Jalaun, pending in the Court of Judicial Magistrate Jalaun at Orai. 3. Counsel for the applicants submits that applicant is innocent and has been falsely implicated in the present case. The applicant is not named in the F.I.R. His name surfaced in the statement of informant recorded under Section 161 Cr.P.C. It is next submitted that there is no evidence against the applicant to prosecute him in the present case. There is no postmortem report. The allegation alleged in the F.I.R. is false and baseless. The cognizance/summoning order passed by the learned Magistrate is without application of judicial mind. No offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He further submits that no prosecution could proceed against the applicants, in such circumstances. 4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that submission raised by counsel for the applicants is based on factual dispute. The trial court has to examine the same.This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter. 5. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants. The learned Magistrate has rightly summoned the applicants in the aforesaid case. The statement of independent witnesses and informant has made allegation against the applicant. Prima facie, offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 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 & Anr. 2023 LiveLaw (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. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 29.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad