Neutral Citation No. - 2025:AHC-LKO:20449 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1080 of 2025 Appellant :- Akku Pandey @ Sudhanshu Pandey And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Niyaj Ahmad Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard Shri Niyaj Ahmad, learned counsel for appellants, learned A.G.A. for the State and perused the material available on record. 2. This criminal appeal has been preferred under Section 14 (A) (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the summoning order dated 13.01.2025 passed by learned Special Judge (SC/ST Act), Ambedkar Nagar in SC/ST Case No. 52 of 2024 arising out of Case Crime No. 168 of 2024, under Sections 281, 324 (5), 115 (2), 352, & 351 (3) of the Bhartiya Nyay Sanhita, 2023 and Section 3 (1)(Da), (Dha) and 3 (2) (v) of the SC/ST Act, Police Station Ibrahimpur, District Ambedkar Nagar as well as charge sheet no. 176 of 2024 dated 19.09;2024 submitted in the said case and non-bailable warrant dated 5.3.2025 issued by the said Court. 3. Learned counsel for appellants has submitted that the appellants are innocent and have falsely been implicated in this case. Further submission is that there are contradictions in the statements of the complainant and independent witness. Further submission is that there is no credible and cogent evidence is available against the applicants. 4. Before arguing the case on merits, learned counsel for the appellants while pressing the present appeal submits that the trial court while summoning the appellants has materially erred and did not follow the dictum of law as propounded by the Hon'ble Supreme Court in various cases that summoning in criminal case is a serious matter and the trial court without dwelling into material and visualizing the case on the touch stone of probability should not summon accused person to face criminal trial. It is further submitted that the trial court has not taken into consideration the material placed before the trial court along with charge sheet and, therefore, the trial court has materially erred in summoning the appellants. 5. So far as quashing of charge sheet and entire proceedings is concerned, 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 appellants. All the submission made relates to the disputed question of fact, which cannot be adjudicated upon by this Court. The disputed defence of the accused cannot be considered at this stage. 6. The prayer for quashing the proceedings and charge sheet is refused. 7. So far as regard the cognizance and summoning order passed by the learned trial court concerned, at the stage of taking cognizance, trial court can simply form an opinion as to whether the case is fit for taking and committing the matter for trial or not. In the present case, learned trial court clearly expressed his opinion that he perused all the record and clearly indicated that the material placed before him is sufficient to proceed the case. Thus, the cognizance order is not a proforma order. Every aspect is touched by learned trial court and appellants failed to adduce any evidence which caused prejudiced to them. So, the cognizance and summoning order is perfectly valid and there is no occasion to quash the same. 8. However, it is provided to the appellants to appear and surrender before the trial court below within ten days from today and if they apply for bail, then their bail application shall be considered and decided in accordance. 9. Till the period of ten days, the effect and operation of the non-bailable warrant dated 5.3.2025 shall be kept in abeyance. 10. It is made clear that the protection granted to the appellants is for the aforesaid period subsequent to which, the trial court may proceed in accordance with law. 11. Accordingly, the present criminal appeal is disposed of. . (Alok Mathur, J.) Order Date :- 10.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench