Neutral Citation No. - 2025:AHC-LKO:16508 Court No. - 12 Case :- CRIMINAL APPEAL No. - 718 of 2025 Appellant :- Parshu Nishad Alias Parshuram And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Vineet Kumar Chaurasia Counsel for Respondent :- G.A.,Aditya Kumar,Anita,Mohd. Salman Hon'ble Alok Mathur,J. 1. Heard Sri Vineet Kumar Chaurasia, learned counsel for the appellants, learned AGA and Sri Mohd. Salman, learned counsel on behalf of the opposite party no.2. 2. By means of the present appeal under Section 14-A(1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the order dated 01.07.2024 passed by Special Judge, SC/ST Act, Unnao has been assailed wherein he has taken cognizance on the police report and summoned the accused. 3. It has been submitted by the counsel for the appellants that appellants are innocent and they have been falsely implicated in the aforesaid case. It has further been submitted that the first information report was lodged against the appellants and 4-5 others unknown persons under Sections 143, 147, 376-D, 354 (kha), 323, 504 IPC and 3(2)(v) of of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station - Gangaghat, District - Unnao on 22.02.2024 bearing FIR No.0091 of 2024. 4. It has been submitted that the said first information report is malafide inasmuch as a civil dispute is already pending between the family of the complainant as well as the appellants pertaining to cancellation of the sale deed. Accordingly, the proceedings are not being prosecuted bonafide against the appellants and the prooceedings deserves to be quashed. 5. The appeal has been opposed by the counsel for the respondents and has submitted that they have sufficient material available on record which has come forth during the investigation clearly implicating the appellants to the said crime. It has further been submitted that the statements of the prosecutrix under Sections 161 and 164 Cr.P.C. were recorded clearly implicating all the appellants. It has further submitted that the medical report clearly indicated that despite allegations of Section 376(D), no injury marks were present on the body of the prosecutrix which prima facie indicates that the allegations are false. 6. Considering the rival contentions, it is noticed that at the stage of issuing process, only the material on record has to be considered by the Magistrate which is in form of police report and all the documents accompanied the same. 7. In the present case, there is a clear implication of the appellants by the prosecutrix herself as per the statement recorded under Sections 161 and 164 Cr.P.C. and consequently, it cannot be said that there was no material or that the Magistrate had not applied its mind while issuing summons against the appellants and taking cognizance of the police report. No other ground urged in assailing the order dated 01.07.2024 and accordingly, we do not find any ground for interfering in the said order. 8. The appeal being bereft of merit and is accordingly, dismissed. [Alok Mathur,J.] Order Date :- 21.3.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench