Court No. - 76 Case :- APPLICATION U/S 482 No. - 32075 of 2024 Applicant :- Ram Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.,Pankaj Kumar Mishra AND Case :- APPLICATION U/S 482 No. - 1567 of 2025 Applicant :- Mithlesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.,Pankaj Kumar Mishra Hon'ble Vinod Diwakar,J. 1. Heard Shri Ansar Ahmad, learned counsel for the applicants, Shri Pankaj Kumar Mishra, learned counsel for respondent no.2, the learned AGA for the State, and perused the record. 2. The present application under Section 482 of Cr.P.C. has been filed for quashing the order dated 20.07.2024, passed by the learned Sessions Judge, Etawah, in Sessions Trial No. 650 of 2024, and the order dated 25.11.2024 passed by learned Chief Judicial Magistrate, Etawah, both arising out of Case Crime No. 296 of 2022, registered under Sections 302, 34, 120B, 506, and 201 of the IPC, at Police Station Jaswant Nagar, District Etawah, pending before the learned Sessions Judge, Etawah. 3. The brief facts of the case are that the informant, mother of the deceased, lodged a missing report on 22.09.2020 stating that her daughter, aged about 22 years, had been missing since 19.09.2020. On 26.09.2020, skeletal remains were recovered from an agricultural field in the village. The informant claimed to have identified the remains as those of her daughter on the basis of personal effects found at the scene, including a kalawa, a silver ring, and items of clothing. 4. Subsequently, on 22.07.2022- nearly two years after the incident- an FIR was registered as Case Crime No. 296 of 2022 against the applicants and others under Sections 302, 120B, and 506 IPC and Sections 3(2)(v) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The informant alleged that the applicants were responsible for the murder of her daughter and had later issued threats when confronted. 5. During the course of investigation, the statements of witnesses Kuwar Singh, Saurabh, and Rajeev Kumar were recorded under Section 161 Cr.P.C., which supported the prosecution's version. A post-mortem examination was conducted on the same day the skeletal remains were recovered; however, the report was inconclusive as to the identity, sex, and cause of death. A DNA analysis was advised. In the initial DNA report, the cause of death, sex and age of the deceased could not be established. Consequently, the Investigating Officer submitted a final report on 17.09.2023. However, a second DNA test was subsequently conducted, and as per the report dated 22.11.2023 prepared by the CDFD, Hyderabad, the skeletal remains were conclusively identified as those of the deceased, the complainant's daughter, and the applicants were implicated in the commission of deceased's murder. 6. Learned counsel for the applicants has submitted that the applicants have been falsely implicated owing to a property dispute. It is contended that there is no credible or direct evidence connecting the applicants to the alleged offence and that the learned trial court has erroneously framed charges solely on the basis of conjecture, without a proper appraisal of the evidence. It is further submitted that no incriminating material has been recovered, no call detail records have been produced to link the applicants, and no clear motive has been established. 7. Per contra, learned counsel for the informant as well as the learned A.G.A. have opposed the application, submitting that sufficient material has been collected during the investigation, and that the statements recorded under Section 161 Cr.P.C. disclose a prima facie case against the applicants. It is urged that the grounds raised by the applicants pertain to factual disputes and appreciation of evidence, which cannot be dealt with in the proceeding under Section 482 Cr.P.C. 8. Upon hearing the respective submissions and on perusal of the record, this Court is of the considered view that the learned trial court has neither committed any patent illegality nor exceeded its jurisdiction in passing the impugned orders. The DNA report dated 22.11.2023 issued by the CDFD, Hyderabad, conclusively establishes that the skeletal remains were those of the deceased- the complainant's daughter. It is trite law that at the stage of framing of charge, the Court is not required to evaluate the evidence in detail or test its veracity, but only to examine whether there exists a prima facie case warranting trial. 9. The inherent power under Section 482 Cr.P.C. is to be exercised sparingly, with great caution, and only in exceptional circumstances where the continuation of criminal proceedings would result in manifest injustice or abuse of the process of law. No such exceptional circumstance has been demonstrated by the applicants in the present case. 10. In view of the aforesaid, the present application is devoid of merit and is, accordingly, dismissed. Order Date :- 23.5.2025 A.N. Mishra Vinod Diwakar, J. Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad