Neutral Citation No. - 2025:AHC-LKO:14770 Court No. - 16 Case :- CRIMINAL APPEAL No. - 802 of 2025 Appellant :- Mahendar Kumar and Ravikant Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Sudhakar Mishra,Vivek Tiwari Counsel for Respondent :- G.A., Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the appellant, learned Additional Government Advocate for the State as also learned counsel for the complainant who has filed counter affidavit along with vakalatnama for respondent No.2, and perused the record. This criminal appeal has been filed under Section 14-A(1) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 to set aside orders dated 13.1.2025 passed by Special Judge, SC/ST Act, Ambedkar Nagar in case crime No.223 of 2024 under sections 74, 76, 352, 351(2) BNS and 3(2)(Va), 3(1)(D), 3(1)(Dha) of SC/ST Act, P.S. Bhiti, district Ambedkar Nagar. Learned counsel for the appellant submits that the first information report has been lodged after delay of 13 days. It is a malicious first information report which has been lodged as a counter blast to the earlier first information report No.209 of 2022 lodged by one Shesh Ram against Rahul Sharma and Shailendra Kumar Sharma. It is submitted that the victim in the present case is known to the accused Rahul Sharma and Shailendra Kumar Sharma and she often visits them. Thus, as a counter blast, only to exert pressure the appellants have been implicated in this case. Perused the record as also the statement of independent witnesses Mata Prasad and Pawan Singh who have not denied the incident, however, they have denied the offence of rape. Statement of the victim under section 183 BNSS shows that cognizable offence has been committed. The victim has also alleged that both the accused persons have raped her in her statement under section 183 BNSS. As regards offence under sections 3(2)(Va), 3(1)(D), 3(1) (Dha) of SC/ST Act, prima facie from perusal of the statement of the prosecution witnesses, it appears that ingredients to attract the offence under SC/ST Act may not be present, however, so far as other offences are concerned, prima facie commission of offence appears to have been made out. However, all these can be considered by the court below in case the discharge application is filed by the accused. Accordingly, without commenting on the merit of the case, prayer for quashing is refused. Liberty is given to the accused appellants to file appropriate discharge application. If such an application is filed within 20 days from today, the same shall be decided expeditiously, after hearing the parties. Order Date :- 11.3.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench