HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9069 of 2023 Court No. - 93 HON'BLE SANTOSH RAI, J. 1. Learned counsel for the appellants states that he has filed rejoinder affidavit to the counter affidavit filed on behalf of O.P. No.2 in the registry but the same is not showing on the portal. 2. He submits that he has not intention to file rejoinder affidavit to the counter affidavit filed on behalf of the State and is ready to argue the case. 3. Heard Shri Bharat Singh Pal, Advocate and Ms. Pratima Pal, Advocate appearing on behalf of the appellants, Shri Rajiv Kumar Mishra, Advocate and Shri Shashi Kant, Advocate appearing on behalf of O.P. No.2 and learned AGA for the State. 4. The present appeal has been filed by the appellants to set aside/quash the cognizance/summoning order dated 27.02.2023 passed by Special Judge, SC/ST Act, Kaushambi in Case No.60 of 2023 arising out of Case Crime No.216 of 2022 under Sections 323, 504 and 506 IPC and Sections 3(2)(va) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, P.S.- Pipari, District- Kaushambi. 5. In the First Information Report, the accused-appellants, namely Aamir Asrar alias Akku and Shadique Asrar alias Sajju, have been specifically named. The allegation against the accused-appellants is that the victim, Versus Counsel for Appellant(s) : Abdul Zarrar Khan, Aijaz Mustafa Khan, Bharat Singh Pal, Deepak Singh Patel, Mukesh Kumar Yadav, Muzzamil Jahid Ansari, Pratima Pal Counsel for Respondent(s) : G.A., Rajiv Kumar Mishra, Shashi Kant Aamir Asrar @ Akku And Another .....Appellant(s) State of U.P. and Another .....Respondent(s) namely Deshraj, had filed a complaint regarding Gram Sabha land before the competent authority, on account of which the accused-appellants were annoyed with him. It is alleged that, due to such annoyance, the accused- appellants caused injuries to the victim and also used caste-based slurs against him on the ground that he belongs to the SC/ST category. 6. Learned counsel for the appellants submits that the impugned cognizance and summoning order dated 27.02.2023 is unsustainable as the FIR was lodged after an unexplained delay of 42 days, the alleged incident being dated 27.05.2022 and the FIR being lodged on 08.07.2022. The investigation was defective, as the informant's statement was recorded only on 28.07.2022 and the Investigating Officer did not examine Chandar Pasi, in whose presence the alleged incident is stated to have occurred. The medical report records only simple injuries. It is further submitted that no material was collected to establish the offences under the SC/ST Act and the charge-sheet was submitted mechanically. The proceedings have arisen out of an existing civil/revenue dispute concerning the land between the parties. The informant had also earlier moved an application under Section 156(3) Cr.P.C. on similar allegations, which was rejected on 13.10.2022. Accordingly, it is submitted that the appellants have been falsely implicated to settle the civil dispute and that the impugned order is an abuse of the process of law; hence, the proceedings are liable to be quashed. 7. Per contra, learned AGA and leared counsel for opposite party no.2 submit that the appellants are named in the FIR and specific allegations constituting the offences under Sections 323, 504, 506 IPC and the SC/ST Act have been levelled against them. The allegations are supported by the statement of the informant, medical evidence and the material collected during investigation. It is submitted that after investigation, the Investigating Officer found sufficient material and submitted the charge- sheet, on which the learned Special Judge rightly took cognizance and summoned the appellants. The alleged delay, deficiencies in investigation and the plea of false implication arising from a civil dispute are matters of defence and cannot, at this stage, warrant quashing of the proceedings. 8. The injured victim, in his statement recorded before the Investigating CRLA No. 9069 of 2023 2 Officer during the course of investigation, specifically stated that the accused-appellants had used caste-based slur against him. Thus, the allegation is that a caste-based derogatory word was deliberately used against the victim with the intention of insulting and humiliating him on the ground of his belonging to the SC/ST category. The injury report of the injured victim is also available on record, wherein as many as six injuries have been noted on his body. Injury Nos. 1 and 2 have been described as contused swellings, whereas the remaining injuries have been recorded as complaints of pain. The injury report, therefore, lends corroboration to the statement of the injured victim recorded by the Investigating Officer during the course of investigation and supports the allegation that the victim had sustained injuries in the alleged incident. 9. At the stage of summoning, the court is only required to ascertain whether a prima facie case is made out from the material available on record. It is well settled that the court is not expected to undertake a meticulous appreciation of the evidence or conduct a mini trial at this stage. In view of the material available on record, a prima facie case is clearly disclosed against the appellants. The appeal, being devoid of merit, is liable to be dismissed. 10. For the reasons recorded above, this Court finds that the learned trial court has rightly summoned the accused-appellants under Sections 323, 504 and 506 IPC and Sections 3(2)(va) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act. The impugned order is well reasoned and does not suffer from any illegality or infirmity warranting interference in appellate jurisdiction. 11. The instant appeal, being devoid of merit, stands dismissed. 12. Registrar (Compliance) is directed to communicate the instant order to the court concerned through District and Sessions Judge, Kaushambi by e-mail/FAX within three days. September 8, 2026 Ankit. CRLA No. 9069 of 2023 3 (Santosh Rai,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad