Neutral Citation No. - 2025:AHC:62383 Court No. - 84 Case :- APPLICATION U/S 482 No. - 31419 of 2024 Applicant :- Sunil Kumar @ Sunil And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Gautam,Priyanka,Sharad Chand Rai Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 01.01.2023; summoning order dated 09.10.2023 as well as entire proceedings of Case no. 1824 of 2023, (State Vs. Sunil and others) arising out of Case Crime No. 575 of 2022, under sections 147, 323, 325 and 504 I.P.C., Police Station Kalan, District Shahjahanpur, pending in the court of Civil Judge Junior Division/Magistrate, Jalalabad, District Shahjahanpur. 3. It is alleged in the F.I.R. that on account of land dispute, named accused persons started abusive and cast related words, when they were said no abuse, named accused persons entered into the house of the applicant with lathi and danda and assaulted. Counsel for the applicants submits that both the parties lodged F.I.R. against each other and received injuries. In the F.I.R. lodged by the applicants' side, applicants received grievous injuries and trial is going on. Instant F.I.R. has been lodged as counter blast of the F.I.R. and applicants have not assaulted the injured as mentioned in the F.I.R. The story narrated in the F.I.R. is false, baseless and has been lodged with malicious intention. The I.O. has not collected material evidence to prosecute the applicants. The learned Magistrate without applying judicial mind summoned the applicants. He further submits that no prosecution could proceed against the applicants, in such circumstances. 4. Learned A.G.A. vehemently opposed the prayer for quashing the proceedings of the aforesaid case and submitted that both the parties were involved in causing injuries and 5-6 persons have received injuries and injuries are grievous in nature. It cannot be said that no offence is made out against the applicants. The Investigating Officer after collecting material evidence, submitted charge sheet and court has taken cognizance and issued summons against the applicant. It is next submitted that submission raised by counsel for the applicants is based on factual dispute. The trial court has to examine the same. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter. 5. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. The learned Magistrate has rightly summoned the applicants in the aforesaid case. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 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. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 24.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad