Neutral Citation No. - 2025:AHC-LKO:21676 Court No. - 12 Case :- CRIMINAL APPEAL No. - 1165 of 2025 Appellant :- Kamala Devi @ Kamla Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another Counsel for Appellant :- Rohit Kumar Tripathi,Pooja Singh,Rama Soni Counsel for Respondent :- G.A. Hon'ble Alok Mathur,J. 1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the material available on record. 2. The present appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred assailing the summoning order 20.02.2025 passed by learned Special Judge (SC/ST Act), Gonda in Sessions Case No.193 of 2025, arising out of FIR/Case Crime No. 0094 of 2024, under Section 504 IPC and Section 3 (1) (Dha) of the SC/ST Act, Police Station Kotwali Dehat, District Gonda. 3. It has been submitted by learned counsel for appellants that an FIR was lodged by the complainant stating that she belongs to Scheduled Caste Category and accused/appellants are persons of considerable means and resources in the village and on the basis of their power have raised dispute with the complainant and on 15.02.2025 at about 5:30 p.m. when the complainant was looking after the cattle then the accused persons/appellants came and abused her and made cast aspersions and also physically assaulted the complainant and her daughter-in-law Manisha fell down. On hearing the shrieks, the neighbours came then the accused persons fled from the place of occurrence. During investigation, the complainant and Manisha supported the case of the prosecution It seems that the statements of several other villagers have also been recorded but they did not support the stand of the prosecution . 4. Apart from the above, the statement of doctor, who examined injured Manisha, has also been recorded. In his statement he has stated that he had treated injured Manisha on the date of incident. The injury report is also on record. As per injury report, injured Manisha has received three injuries on her body. 5. The only ground raised by learned counsel for appellants is that there were some statements recorded during investigation, which do not support the prosecution case. Accordingly there was no occasion for the trial court to have taken cognizance on the said facts and issued summons to the appellants. 6. This Court has considered the rival contention of learned counsel for parties. It is noticed that it was alleged in the first information report that the appellants had used caste related words and had assaulted the complaint and her daughter-in-law Manisha. During investigation, statement under Section 161 Cr.P.C. was recorded in which they hae supported the prosecution case. This Court also finds that the doctor, who has examined the injured, has also supported the prosecution case. As per injury report, the injured received simple injuries on her body. Merely because certain other villagers have not supported the prosecution case cannot be a ground at this stage for dropping the proceedings. 7. At this stage of summoning, the Magistrate is duty bound only to look into the material available on record and record his satisfaction with regard to disclosure of a cognizable offence. 8. At this stage, the defence of the accused appellants cannot be considered or the admissibility of the evidence cannot be raised and the same can be raised at the appropriate stage during trial. From the material available on record, this Court finds that there was sufficient material for summoning the appellants. Accordingly, there is no illegality or infirmity in the summoning order dated 20.02.2025 passed by learned Special Judge (SC/ST Act), Gonda in Sessions Case No.193 of 2025, arising out of FIR/Case Crime No. 0094 of 2024, under Section 504 IPC and Section 3 (1) (Dha) of the SC/ST Act, Police Station Kotwali Dehat, District Gonda. 9. Therefore, this appeal being devoid of merits is accordingly dismissed. . (Alok Mathur, J.) Order Date :- 17.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench