HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 10190 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellants, learned A.G.A for the State, learned counsel for the respondent no.2 as also perused the record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned charge sheet dated 12.3.2023 and impugned summoning order dated 13.06.2023 passed by Special Judge (SC/ST) Act, District Varanasi in Special Session Trial No. 434 of 2023, under Sections 506 IPC and 3(2) (5a) of SC/ST Act (Prevention of Atrocities) Act arising out of Case Crime No.159 of 2022, Police Station Kapsethi, District Varanasi. 3. Submission of learned counsel for the appellants is that the applicants have been falsely implicated in the present case just to pressurize and harass the appellants, in fact, no such incident has taken place. The applicants have never committed any offence as alleged against them. Further submission is that no offence against the appellants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the appellants. He also pointed out certain documents in support of his contention. 4. 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 Versus Counsel for Appellant(s) : Amit Kumar, Neetu Singh Counsel for Respondent(s) : G.A., Kumar Ankit Srivastava, Yash Kumar Daksh Guddu Singh Alias Chandrabhan Singh And 3 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) having no force is liable to be dismissed. 5. 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 appellant. 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.I.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. 6. Accordingly, the instant criminal appeal is dismissed. September 15, 2025 Ajeet CRLA No. 10190 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad