Neutral Citation No. - 2025:AHC:116503 Court No. - 72 Case :- APPLICATION U/S 482 No. - 24258 of 2024 Applicant :- Akash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori 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 30.07.2023; the cognizance order dated 05.08.2023; order dated 22.02.2024, framing of charge, in Session Trial No. 2410/2023 [State Vs. Akash), arising out of Case Crime No. 0076/2023, U/s 279, 337, 338, 304 I.P.C., Police Station- Dauki, District Agra, pending in the Court of Additional Chief Judicial Magistrate, Court No. 26, District Agra. 3. Counsel for the applicants submits that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. It is next submitted that the charges, framed by the trial court against the applicant under Sections 279, 337, 338, 304 I.P.C., are without application of judicial mind. No offence under the alleged Sections is made out and charges framed under the aforesaid section, are without collecting evidence by the Investigating Officer and learned Magistrate without applying judicial mind took cognizance against the applicants. 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 applicant 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 applicant. On perusal of F.I.R. and the statement of the victim, it is evident that F.I.R. has been lodged with contents that driver has intentionally dashed the car over the standing children who were waiting for the school bus and the allegation alleged in the F.I.R. is supported by the statement recorded under Section 161 Cr.P.C. The framing of charge by the learned Magistrate is just and proper. The learned Magistrate has rightly summoned the applicants in the aforesaid case. 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 :- 18.7.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad