Neutral Citation No. - 2025:AHC:74559 Court No. - 84 Case :- APPLICATION U/S 482 No. - 27272 of 2024 Applicant :- Palash Kumar Dhanuk And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Mohammed Jafer Husain Counsel for Opposite Party :- G.A.,Ishwar Chandra Tyagi Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants, learned counsel for the informant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 26.07.2023, cognizance order dated 05.09.2023 as well as the entire proceedings of Criminal Case No. 19855 of 2023 (State Vs. Palash Kumar Dhanuk & Others), arising out of Crime No. 14 of 2023, under Sections 452, 323, 504, 506, 308 I.P.C., Police Station- Husainganj, District- Fatehpur, pending before Additional Chief Judicial Magistrate, Court No. 2, Fatehpur. 3. It is alleged in the FIR that named accused persons entered into the house of the informant and assaulted the informant, as a result of which, informant/injured received grievous injury. Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the present case. Applicant no. 1 is father-in-law, applicant no. 2 is mother-in-law and applicant no. 3 is wife of the informant, respectively. Applicant no. 1 is a government employee and at the time of alleged incident, he was posted in Kolkata. All allegations alleged in the FIR are false, baseless and not supported by any material evidence to prosecute the applicants in the present case. He next submitted that subsequent development occurred is that proceedings under Section 13(B) of Hindu Marriage Act have been initiated between the parties.Cognizance/Summoning order passed by learned Magistrate, is without application of his judicial mind and the same is liable to be quashed. 4. Per contra, learned counsel for the informant and learned A.G.A. vehemently opposed the submissions raised by learned counsel for the applicants and submits that informant/injured received has received grievous injury and as per the supplementary medico legal report, injured has received fracture in right side of occipital region. The contents of FIR, medical examination report and statements of witnesses recorded during investigation, are supporting the prosecution version. The contention of the applicant no. 1 that he was not present on spot at the time of alleged incident and at that time he was in Kolkata, cannot be considered or examined by this Court at this stage in exercise of powers under Section 482 Cr.P.C. 5. After having heard the learned counsel for the parties and perusing the entire record, 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 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 case, where on the face of record, the criminal proceeding is clear abuse of the process of the Court. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage. 6. It is also well settled that at the stage of summoning the accused, the court below is not required to go into the merit and demerit of the case. Genuineness or otherwise of the allegation cannot be even determined at the stage of summoning the accused. There is no good ground to invoke inherent power under Section 482 Cr.P.C. by this Court at this stage. The relief as claimed by the applicants through this application is refused. 7. The defence version of the applicants has to be considered by the court concerned at the appropriate stage. The accused/applicants have statutory remedy of moving discharge application before the court concerned at the appropriate stage. 8. Considering the material on record, it is directed that, if objection/discharge application is filed on behalf of the applicants before the court concerned within thirty days, it is expected that the court concerned will consider and decide the same expeditiously within a period of two months in accordance with law. 9. With the aforesaid observations/directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 8.5.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad