Allahabad High Court
Ashfak Ansari And Another vs State Of U.P. And Another on 31 July, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:127701
Court No. - 72
Case :- APPLICATION U/S 482 No. - 38826 of 2024
Applicant :- Ashfak Ansari And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Satyam Jaiswal
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 24.05.2024, cognizance/summoning order dated 05.06.2024 as well as entire proceeding of Case No.44893 of 2024 (State vs. Mehtab Ansari and others) arising out of Case Crime No.97 of 2024, under sections 147, 148, 323, 395, 506, 325 I.P.C., Police Station Rawatpur, District Kanpur Nagar, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar.
3. Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. Applicants are not named in the FIR. Learned counsel for the applicants next submitted that medical examination report filed by the State, is false and fabricated. As in statement of the injured, he was examined in some other hospital. Allegation alleged in the FIR is not supported by any evidence and the applicants have been falsely implicated by the police on the same day. He has made complaint against the Investigating Officer. Story narrated in the FIR is false as it has been stated that more than 10 persons assaulted the informant and injured but he has received only one injury. Moreover, applicant no.1 has criminal history, which is disclosed in the affidavit.
4. Per contra, learned A.G.A. opposed the submission raised by applicants' counsel and submitted that submission raised by learned counsel for the applicants are disputed question of fact, which cannot be examined at this stage and injured has received grievous injury.
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. Considered the submission of both the parties. No interference is warranted. The present 482 application of applicants- Ashfak Ansari & Mohammad Amir Ansari, is hereby dismissed with the aforesaid observation.
Order Date :- 31.7.2025
SKD
