HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 11309 of 2024 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 impugned summoning order dated 14.8.2024 passed by the IInd Additional District & Session Judge/Special Judge SC.ST Act, Kanpur Dehat in Complaint Case S.C. No. 2251 of 2023 (Km. Reshma Vs. Rishu) under Section 376 IPC and Section 3 (2) (V) SC/ST Act, P.S. Rasoolabad, District Kanpur Dehat. 3.The contention of the learned counsel for the applicant 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. The appellant is innocent and has falsely been implicated in the present case. 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) : Arvind Kumar Trivedi Counsel for Respondent(s) : G.A. Rishi Kant Alias Rishu .....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 within 30 days from today 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 13, 2025 A. CRLA No. 11309 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad