Pradeep Kumar Vs State of U.P. and Another

The present 528 B.N.S.S. application has been filed to quash the entire proceeding of Criminal Case No.6818 of 2023 (old case No.61 of 2019) (State vs. Shamat and others) arising out of Case Crime No.397 of 2018, under sections 147, 148, 452, 323, 504 & 506 I.P.C. Police Station Gangoh, District Saharanpur, pending in the court of Chief Judicial Magistrate (Senior Divisiosn)/F.T.C., Saharanpur.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. Applicant submits that at the time of incident, he was on duty, which is apparent from the letter issued on 06.06.2025 by Lt. Col.Bharat Sharma. Implication of the applicant in the present case is illegal and without support of any evidence. Applicant is army personal. He has been implicated in the present case with malice intention.

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Per contra, learned A.G.A. vehemently opposed the submission raised by applicant's counsel and submitted that statement of the informant as well as the injured, applicant's name specifically disclosed by them and role of assault has given to applicant. Moreover, submission of counsel for the applicant that he was not present at the time of incident and plea of alibi cannot be examined at this stage. Summon was issued in the year 2019. Applicant deliberately avoided to receive summons.

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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 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

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NA528 No. 22077 of 2025

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2

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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 528 B.N.S.S as the same do not suffer from any illegality or infirmity.

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Considered the submission of both the parties. Applicant was not present at the time of incident and plea of alibi cannot be examined at this stage. From the letter of Lt. Col.Bharat Sharma, it is apparent that the applicant was carrying a journey from Missamari (Assam) to Tejpur (Assam) on 23rd July, 2018. Letter is not contained material evidence in regard that applicant was not present on the spot. Prima-facie offence is made out against the applicant. No interference is warranted. The present 528 B.N.S.S. application of applicant- Pradeep Kumar is hereby dismissed with the aforesaid observation.

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September 24, 2025 SKD

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(Deepak Verma,J.)

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Pradeep Kumar v. State of U.P. and Another

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