HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8788 of 2025 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Supplementary affidavit has been filed today in the Court, the same is taken on record. 2. Heard learned counsel for the appellants and learned A.G.A for the State as well as perused the record. 3. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set-aside the impugned charge-sheet No. 2153 of 2025, dated 8.8.2025 as well as cognizance order dated 22.8.2025 passed by learned Special Judge (SC/ST Act), Bhadohi Gyanpur in Session Trial No.487 of 2025 (State Versus Gyandas @ Raju and others) arising out of Case Crime No. 328 of 2025, under Sections 115(2), 352, 351(3), 117(2) BNS and under Section 3(1)(Da), 3(1)(Dha) SC/ST Act, Police Station- Aurai, District- Bhadohi, with a further prayer to stay further proceedings of the aforesaid case. 4. The contention of the learned counsel for the appellants is that no offence against the appellant is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment. He further submits that no offence under Sections 115(2), 352, 351(3), 117(2) BNS and under Section Versus Counsel for Appellant(s) : Joveen Kumar Counsel for Respondent(s) : G.A. Gyandas @ Raju And 3 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) 3(1)(Da), 3(1)(Dha) of SC/ST Act is made out against the appellants. The learned court below without application of judicial mind has passed the impugned cognizance/summoning order dated 22.08.2025, which is illegal, perverse and is based on surmises and conjectures and as such is liable to be set-aside. Further, in support of his submission, learned counsel for the appellants has relied upon the judgment of the Apex Court in the case of Sri Gulam Mustafa Vs. The State of Karnataka and Anr., passed in Criminal Appeal No. 1452 of 2023 (@ Special Leave Petition (Crl.) No. 2480 of 2021, dated 10.5.2023, Hitesh Verma Vs. The State of Uttarakhand & Anr., passed in Criminal Appeal No. 707 of 2020 and B. Venkateshwaran & Ors. Vs. P. Bakthavatchalam, passed in Criminal Appeal No.1555 of 2022 (@SPL (Crl.) No.3411 of 2021). 5. Per contra, the learned AGA opposed the appeal and submitted that at the stage of summoning the accused, the Magistrate/Court dealing with the matter is required to apply judicial mind only with a view to take cognizance of the offence to find-out as to whether prima-facie case has been made out to summon the accused or not. There is no infirmity or illegality in the impugned order warranting interference by this Court. Hence, the appeal having no force is liable to be dismissed. 6. From the perusal of 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 appellants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.L.R. 1960 S.C. 866, 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. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge as the case CRLA No. 8788 of 2025 2 may be, before the court below and he is free to take all the submissions in the said discharge application before the trial court. 7. The prayer for quashing the proceedings of case as well as cognizance/summoning order is refused. 8. Accordingly, the criminal appeal is dismissed. October 9, 2025 Krishna* CRLA No. 8788 of 2025 3 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad