HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8981 of 2025 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1.Heard learned counsel for the appellant, learned A.G.A for the State and perused the record. 2.This Criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (in short of 'the SC/ST Act) has been preferred by the appellants with the prayer to set aside/quash the charge sheet dated 21.5.2025 and impugned cognizance/summoning order dated 19.8.2025 passed by the learned Special Judge, SC/ST Act, Maharajganj as well as entire proceedings of Session Case no. 1807 of 2025, (State Vs. Lakshman Yadav and others), arising out of Case Crime no. 55 of 2025, lunder Sections 115 (2), 352, 351 (3) B.N.S. and3 (1) dh, 3 (2) va of SC/ST Act, P.S. Brijmanganj, District Maharajgang. 3.The contention of the learned counsel for the appellants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. 4.From the perusal of the 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 applicant. All the submissions made at the bar relate to the disputed questions 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.IR. 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 Zandu Pharmaceutical Versus Counsel for Appellant(s) : Vijay Kumar Yadav Counsel for Respondent(s) : G.A. Lakshman Yadav And Another .....Appellant(s) State of U.P. and Another .....Respondent(s) 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 before the court below and he is free to take all the submissions in the said discharge application before the trial court. 5.The prayer for quashing the impugned order of the aforementioned case is refused. 6. However, it is provided that if the appellant appears and surrenders before the court below and applies of bail, his prayer for bail shall be considered and decided in accordance with law. 7.With the aforesaid observations this Criminal appeal is finally disposed off. October 7, 2025 A. CRLA No. 8981 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad