Neutral Citation No. - 2025:AHC:52683 Court No. - 84 Case :- APPLICATION U/S 482 No. - 30721 of 2024 Applicant :- Suhel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the impugned cognizance order dated 02.07.2022, passed by J.M. Azamgarh, in Case Crime No. 0037 of 2022, Under Section 379, 411 IPC, Case No. 4570 of 2022 (State Vs. Riyaz and others), Police Station- Pawai, District- Azamgarh, presently pending in ACJM Court No.26 Azamgarh 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He next argued that Section 411 IPC is not warranted as informant of the Case Crime No. 37 of 2022, in his statement, has stated that he had supplied stolen articles to the applicant. He next submitted that since applicant was not directly involved in the alleged crime and he has received stolen articles from the informant, therefore, Section 411 IPC is not warranted in the present case. 4. Per contra, learned A.G.A. vehemently opposed the submission raised by learned counsel for the applicant and submitted that from the possession of the applicant, stolen articles have been recovered, therefore, provision of Section 411 I.P.C. is, prima facie, applicable in the present case. Argument raised by learned counsel for the applicant is not tenable. 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, 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- Suhel, is hereby dismissed with the aforesaid observation. Order Date :- 10.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad