HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 11354 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. In pursuance of order dated 10.10.2025, Mr. Nitin Kumar Singh, Tehsildar Bairiya, District Ballia is personally present before this Court alongwith personal affidavit and first of all has tendered unconditional apology for inconvenience caused to this Court. 2. Heard Mr. Ashok Kumar Maurya, learned counsel for the appellant, learned A.G.A for the State as also 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 as well as cognizance/summoning orders dated 23.02.2022 and 25.02.2022 passed by learned Additional Session Judge/Special Judge (SC/ST) Act, Ballia in S.T. No.95 of 2022 arising out of Case Crime No.331 of 2021, under Sections 147, 452, 308, 323, 504 IPC and Section 3(1)(dha), 3(2)(va) of SC/ST Act, Police Station Bairiya, District Ballia. 4. Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case just to pressurize and harass the appellant, in fact, no such incident has taken place. The applicant has never committed any offence as alleged against him. Further submission is that no offence against the appellant is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the appellant. He also pointed out certain documents in support of his contention. 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 Versus Counsel for Appellant(s) : Ashok Kumar Maurya Counsel for Respondent(s) : G.A. Brijesh Maurya .....Appellant(s) State Of U.P. And 2 Others .....Respondent(s) 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. As per allegation made in the FIR as well as injuries report and statement of informant, prima facie, offence is made out against the appellant. 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 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. Moreover, the appellant has got a right of discharge as the case 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. I have considered the arguments advanced on behalf of the parties and perused the impugned order passed. I find no irregularity, illegality or jurisdictional error in the order impugned. The appeal lacks merit and is, accordingly, dismissed. 8. Accordingly, the personal appearance of Mr. Nitin Kumar Singh, Tehsildar Bairiya, District Ballia, is exempted. October 13, 2025 Ajeet CRLA No. 11354 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad