Rishabh Khan Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:68552

Court No. - 84

Case :- APPLICATION U/S 482 No. - 36706 of 2024

Applicant :- Rishabh Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Vinay Kumar, learned counsel for the applicant and learned AGA for the State.

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The present 482 Cr.P.C. application has been filed to quash the quash the entire proceedings of Criminal Case No. 667/IX/24 (State Vs. Rishabh Khan) having Case Crime No. 0284/2023, Under sections 323, 504, 506 of I.P.C. as well as the Charge Sheet dated 03.03.2024 and the impugned cognizance / summoning order dated 15.04.2024, Police Station Naraini, District Banda pending before the Court of Civil Judge (Senior Division), F.T.C. Banda.

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Counsel for the applicant submits that instant FIR has been lodged by father of the applicant and allegation alleged in the FIR is false and baseless and not supported by any evidence. Allegation is that applicant forcefully evicted the informant and his daughter from the property. Allegation is totally false and not supported by any evidence. The other sons and daughter of the informant are denying the prosecution story.

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Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submits that from statement of informant and his wife, prima facie, offence is made out against the applicant. On 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 applicant. 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.

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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

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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.

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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.

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The present 482 application of applicant- Rishabh Khan, is hereby dismissed with the aforesaid observation.

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However, if the applicant moves discharge application before the court below, the court below shall consider decide the same expeditiously, in accordance with law.

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Order Date :- 1.5.2025 Nitin Verma

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(Justice Deepak Verma)

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Rishabh Khan v. State of U.P. and Another

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