Allahabad High Court
Lalit Kumar vs State Of U.P. And Another on 26 August, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:148248
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 1223 of 2025
Court No. - 72
HON'BLE DEEPAK VERMA, J.
1. Supplementary affidavit filed today by learned counsel for the applicant, is taken on record.
2.Heard learned counsel for the applicant and learned AGA for the State.
3. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceeding of case No. 1876 of 2024 (State Vs. Lalit Kumar) arising out of impugned charge sheet dated 15.11.2023 as well as summoning order dated 04.04.2024 passed by Learned Chief Judicial Magistrate, Bulandshahar in Case Crime No. 403 of 2023, under section 366 I.P.C., Police Station- Chhatari, District- Bulandshahar, pending in the Court of learned Chief Judicial Magistrate, Bulandshahar.
4. First information report was registered with the allegation that on 29.09.2023 daughter of the informant went for study to Seth Ramanand Degree College Chhatari, who is student of B.A. and aged about 20 years did not return till evening then on the inquiry, it was came to know that applicant enticed the daughter of the informant.
5. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. On perusal of statements of victim recorded under Sections 161 & 164 Cr.P.C., no offence under alleged sections is made out. Instant first information report has been lodged with malicious intention on account of previous enmity. Civil suit is pending between the parties. Statements of the victim recorded under Sections 161 & 164 Cr.P.C. are contradictory and not supporting the prosecution story. Medical examination report of the victim is also not supporting the prosecution case.
6. Per contra, learned A.G.A. vehemently opposed the submissions raised by applicant's counsel and submits that statement of the victim recorded under Section 164 Cr.P.C., prima facie, discloses offence against the applicant. Victim in her statement recorded under Section 164 Cr.P.C. has stated that she became unconscious after smelling something from the applicant's hand and after one day she got consciousness. Other submissions raised by learned counsel for the applicant are disputed questions of fact, which cannot be adjudicated at this stage by this Court in exercise of power under Section 482 Cr.P.C.
7. Considered the submissions raised by learned counsel for the parties and perused the entire record. From the record, it is apparent that the statements of the victim recorded under Sections 161 & 164 Cr.P.C. are supporting the prosecution case. No case for interference by this Court is made out.
8. 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.
9. 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. as the same do not suffer from any illegality or infirmity.
10.The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed.
August 26, 2025
Aditya
