Arvind Kumar Tripathi, J. - (1.) HEARD learned counsel for the applicant and learned AGA for the State respondent.
(2.) THIS application under Section 482 Cr.P.C. has been filed for quashing the charge sheet filed against the applicant in case crime no. 191 of 2013, under Sections 401 I.P.C., Police Station Payagpur, District Bahraich. In the case of State of Orissa v. Saroj Kumar Sahoo, : (2006) 2 SCC (Crl.) 272, Hon'ble the Apex Court has held that "When exercising jurisdiction under Section 482 of the Cr.P.C., the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial Judge."
(3.) HON 'ble the Apex Court in the same case has further held that "It would not be proper for the High Court to analyze the case of the complainant in the light of all probabilities in order to determine whether a conviction would be sustainable and on such premises arrive at a conclusion that the proceedings are to be quashed. It would be erroneous to assess the material before it and conclude that the complaint cannot be proceeded with.";