Neutral Citation No. - 2025:AHC:133096 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 27174 of 2025 Applicant :- Lal Chand And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laljeet,Sunil Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 25.07.2023, supplementary charge-sheet dated 17.11.2023, cognizance order dated 02.09.2023 as well as entire proceeding of Session Trial No.592 of 2023 (State vs. Lal Chand & others) arising out of Case Crime No.188 of 2023, under sections 376-D, 120-B, 506 I.P.C., Police Station Atrauliya, District Azamgarh, pending in the court of Additional Session Judge/F.T.C.-I, Azamgarh. 3. 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. Applicants and victim are close relative. Instant FIR lodged after about 40 days delay. There is no evidence to prosecute the applicant in the present case. It is alleged in the FIR that named accused persons committed rape and learned magistrate without applying his judicial mind summoned the accused persons. Medical examination report is not supporting the prosecution story. 4. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submitted that submission raised by learned counsel for the applicants are disputed question of fact, which cannot be examined at this stage and statement of the victim and other material evidence collected by the Investigating Officer is supporting the prosecution story. 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 submission of both the parties. No interference is warranted. The present 482 application of applicants- Lal Chand & Anju, is hereby dismissed with the aforesaid observation. Order Date :- 6.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad