HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 11291 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State, learned counsel for the respondent no.2 and perused the material available on record. 2. This application has been filed by applicants with a prayer to set aside the judgement and order dated 25.07.2024 passed by Special Judge (SC/ST Act), Jhansi in Case Crime No. 45 of 2024, under sections 147, 148, 149, 323, 504, 506, 352 IPC and section 3(2)(v)(a) of AC/ST Act, P.S. Mauranipur, District Jhansi. 3. Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case just to pressurize and harass the applicants, in fact, no such incident has taken place. Further submission is that no offence against the applicants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the applicants. He also pointed out certain documents in support of his contention. 4. 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 applicants. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. 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. Versus Counsel for Appellant(s) : Sujan Singh Counsel for Respondent(s) : G.A., Shiv Kumar Singh Jagdish Prasad And 4 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) 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. Moreover, the applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court. 5. The prayer for quashing the entire proceedings of the above mentioned case is hereby refused. 6. At this stage, learned counsel for the applicants submits that the applicants may be permitted to move discharge application before the court concerned and prayed that till disposal of discharge application, some protection may be provided to the applicants. 7. Having considered the nature of allegations and submissions made by learned counsel for the applicants, it is provided that in case the applicants move discharge application, the same shall be considered and disposed of by the court below, in accordance with law, expeditiously. Till the application for discharge is decided, no coercive action shall be taken against the applicants. 8. With the aforesaid observation/direction, the present application is disposed of finally. September 15, 2025 RPD CRLA No. 11291 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad