Neutral Citation No. - 2025:AHC:55505 Court No. - 84 Case :- APPLICATION U/S 482 No. - 28051 of 2024 Applicant :- Harveer And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the impugned charge-sheet dated 09.11.2008 as well as impugned cognizance/summoning order dated 05.12.2008 passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Muzaffar Nagar and entire proceedings of Criminal Case No. 2069 of 2014 (State vs. Harveer and Others), arising out of Case Crime No. 983 of 2008, under Sections 147, 323, 353, 504, 427 I.P.C. read with Section 3 of Prevention of Damages to Public Property Act, Police Station- Jansath, District- Muzaffar Nagar, pending before the Court of Civil Judge (Junior Division), Jansath, Muzaffar Nagar. 3. Counsel for the applicants submits that applicants are innocent and have been falsely implicated due to mala fide intention. No offence under the alleged sections is made out. Allegation alleged in the first information report is false & baseless. Learned Magistrate without applying his judicial mind has issued summons against the applicants. It is a civil nature dispute. He therefore submits, no prosecution could proceed against the applicants, in such circumstances. 4. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submits that from the record, it is apparent that summons have been issued against the applicant vide order dated 05.12.2008 and instant 482 Cr.P.C. applicant has been filed after about 17 years. Applicants have not appeared before the Trial Court since last 17 years. Further, from perusal of order-sheet, it is apparent that bailable warrants have been issued against the applicants, hence, applicants are not entitled for relief as prayed. 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 & 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. as the same do not suffer from any illegality or infirmity. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 16.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad