Neutral Citation No. - 2025:AHC:36423 Court No. - 76 Case :- APPLICATION U/S 482 No. - 27878 of 2024 Applicant :- Gaurav Poddar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Tripathi,Pramod Kumar Srivastava,Ravi Anand Agarwal,Shreya Gupta Counsel for Opposite Party :- G.A.,Vijay Tripathi Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, Shri Vijay Tripathi, learned counsel for the informant as well as learned A.G.A. for the State and perused the material on record. 2. The instant application has been preferred with the prayer to quash the order dated 15.06.2024 passed by the Session Judge, Agra in Criminal Revision No.557 of 2023 (Gaurav Poddar v. State of U.P. and others) whereby the criminal revision filed by the applicant has been dismissed and order dated 02.08.2023 passed by A.C.J.M., Court No.4, Agra as well as entire proceedings of Case No.14939 of 2022 (State v. Gaurav Poddar), arising out of Case Crime No.530 of 2021, under Sections 420, 467, 468, 471 I.P.C. and Section 65 and 66-D of the Information Technology Act, 2000, P.S. Hariparavat, Agra whereby the discharge application filed by the applicant has been rejected. 3. Brief facts of the case is that the opposite party no.2 has moved an application under Section 156 (3) Cr.P.C. before the trial court thereafter, in pursuance of the order passed by the trial court, the F.I.R. of the present case has been registered against the unknown person with allegation that the complainant's runs a firm M/s. Sanjay Bardana Traders, which is registered with GST Department since 01.07.2017. By hacking his portal a forgery of Rs.8,50,00,000/- has been committed with the applicant. 4. Learned counsel for the applicants submits that the applicant has approached this Court aggrieved by the order dated 02.08.2023 whereby his discharge application was rejected. Against the order dated 02.08.2023, the applicant has preferred a Criminal Revision No.557 of 2023, which was also dismissed erroneously by the court of Learned Sessions Judge. The orders dated 02.08.2023 and 15.06.2024 are wholly illegal, arbitrary and not sustainable in the eye of law. The trial court has committed grave error by rejecting the aforesaid orders without even considering and evaluating the prima facie material on record. No allegations, as alleged in the F.I.R, is made out against the applicant. Neither the applicant nor any other person has been found to be involved in tampering the computers source code/portal. There is no evidence on record which could satisfy the ingredients of Section 66 of I.T. Act, Section 66-D of the Information Technology. 5. Per contra, learned A.G.A. has opposed the application and submitted that there is no illegality, perversity in the impugned order dated 02.08.2023, therefore, no ground of quashing of the impugned order is made out. 6. After carefully considering the rival submissions and perusing the material on record, it is evident that the question raised by the applicants involve disputed questions of fact, which can only be adjudicated upon by the trial court after appreciation of evidence. The inherent jurisdiction under Section 482 Cr.P.C. is not meant to substitute the trial or to appreciate evidence at this stage. 7. It is a settled proposition of law that the power under Section 482 Cr.P.C. should be exercised sparingly and with caution to prevent abuse of the process of the court or to secure the ends of justice. No sufficient ground has been made out by the applicants to quash the criminal proceedings at the pre-trial stage. 8. On examination of entire material available on record, it is prima facie established that the applicant has committed forgery of Rs.8,50,00,000/- by hacking mobile number and portal of complainant. There is no illegality in the impugned order dated 02.08.2023 passed by the trial court, therefore, no ground for quashing the impugned order dated 02.08.2023 is made out. The applicant shall have the liberty to raise his grievances at the time of framing of charge. 9. With the aforesaid observations, the instant application u/s 482 Cr.P.C. is dismissed. Order Date :- 12.3.2025 Jitendra Justice Vinod Diwakar Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad