Neutral Citation No. - 2025:AHC:72391 Court No. - 84 Case :- APPLICATION U/S 482 No. - 31100 of 2024 Applicant :- Baleshwar Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Dubey,Gyanesh Singh,Saumitra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Saumitra Dwivedi, learned counsel for the applicant and learned AGA for the State. 2. The present 482 Cr.P.C. application has been filed to quash the N.B.W. dated 9.8.2016 as well as entire criminal proceedings of case no. 1100 of 99, pending before the Additional Chief Judicial Magistrate-7, Allahabad (State Vs. Deepu Srivastava), arising out of case crime no. 34 of 1999, under section 392 I.P.C. registered at Police Station Kareli, District Allahabad. 3. Counsel for the applicant submits that applicant has been falsely implicated in the present case due to mala fide intention. Instant FIR has been lodged in the year 1999 in the aforesaid sections, NBW has been issued and proceedings U/s 82 Cr.P.C. has been initiated against the applicant without giving any notice to the applicant. The proceedings is malicious prosecution. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that prima facie offence is made out against the applicant as he has not co-operated in trial proceedings since 26 years and NBW and proceedings U/s 82 Cr.P.C. has also been initiated against the applicant. Applicant has absconded and is not co-operating in trial proceedings since 1999, hence, applicant is not entitled for relief as prayed. No interference is warranted. 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. The present 482 application of applicant-Baleshwar Soni, is hereby dismissed with the aforesaid observation. Order Date :- 6.5.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad