Neutral Citation No. - 2025:AHC-LKO:16693 Court No. - 12 Case :- CRIMINAL APPEAL No. - 861 of 2025 Appellant :- Kalaoo @ Kalaoo Ansari Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Appellant :- Sumit Chauhan,Suresh Chandra Srivastava Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Sumit Chauhan, learned counsel for the appellant, learned A.G.A for the State- respondent and Sri Dharmesh Kumar Dwivedi, learned counsel, who has put in appearance on behalf of the complainant and filed Vakalatnama, which is taken on record. 2. The appellant has preferred the present appeal under Section 14A (1) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 assailing the summoning order dated 17.1.2025 passed by Special Judge (S.C./S.T. Act), Bahraich. 3. It has been submitted that a first information report was lodged at the behest of opposite party No.2, who is the complainant of case crime No.09/2023 under Sections 279, 452, 323, 504, 506, 427, 376 D and 392 of IPC and 3(1) Da, Dha, 3(2) v of S.C./S.T. (P.A.) Act, police station Baundi, District Bahraich. The matter was investigated and the charge sheet was filed and Section 376 D IPC was also included. 4. It has been submitted that according to the allegations leveled in the first information report which was lodged by Ram Kewal stating that the incident had occurred where the motorcycle on which the appellant's son was sitting hit the complainant from behind and when he objected to the same he was abused and was threatened with dire consequences and sometime later the appellant along with other persons entered his house and started abusing the complainant and his wife and also physically and sexually assaulted them. 5. During the investigation statements under Sections 161 and 164 Cr.P.C. were recorded. In the statement recorded under Section 164 Cr.P.C. of the victim there is clear allegations with regard to sexual assault of the complainant's wife while in the statement recorded under Section 161 Cr.P.C.there is clear allegation with regard to molestation. 6. Learned counsel for the appellant has vehemently submitted that the very fact that father along with his two sons have been made accused is highly improbable apart from which the statements of the other witnesses do not disclose commission of offence under Section 376 D. 7. Learned counsel for the respondents have opposed the appeal and it has been submitted on their behalf of that summons have been issued after taking cognizance of the material available on record in the form of statements recorded by the police during the investigation. It is submitted on their behalf that a bare perusal of the statements of the complainants and the victim under Section 164 Cr. P. C. indicate commission of the said offence on the basis of which the summoning order has been passed. 8. Time and again it has been held that at the stage of passing the cognizance order detail reasons are not required to be given by the court and in this regard reference can be made to the decision of Hon'ble Supreme Court in the case of Ajay Kumar Parmar Vs. State of Rajasthan, (2012) 12 SCC 406, wherein the following observations have been made:- "19. The Magistrate, in exercise of its power under Section 190 Cr.P.C., can refuse to take cognizance if the material on record warrants so. The Magistrate must, in such a case, be satisfied that the complaint, case diary, statements of the witnesses recorded under Sections 161 and 164 Cr.P.C., if any, do not make out any offence. At this stage, the Magistrate performs a judicial function. However, he cannot appreciate the evidence on record and reach a conclusion as to which evidence is acceptable, or can be relied upon. Thus, at this stage appreciation of evidence is impermissible. The Magistrate is not competent to weigh the evidence and the balance of probability in the case." 9. This Court has perused the first information report and the statements of the victim clearly indicating towards commission of the offence under Section 376 D IPC and accused have been summoned accordingly. It is further noticed that there has been sufficient material before the trial court which after perusing the same and taking cognizance issued summons. At the stage of issuing summons the trial court has only to look into the material which has been placed in the police report and the guilt of the accused is not to be seen at this stage which can be considered at appropriate stage during the trial. In the aforesaid circumstances, I do not find any ground to interfere in the appeal as prayed by the appellant. The appeal is devoid of merits and is accordingly dismissed. (Alok Mathur, J.) Order Date :- 24.3.2025/RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench