Neutral Citation No. - 2025:AHC-LKO:5611 Court No. - 30 Case :- CRIMINAL APPEAL No. - 2695 of 2024 Appellant :- Ramvilas And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Appellant :- Mohd. Ghayasuddin Khan,Shyam Narain Mishra Counsel for Respondent :- G.A.,Muzammil Asad,Vijay Shankar Singh Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the appellants, learned A.G.A. for the State and Shri Vijay Shankar Singh, learned counsel for respondent no.2. 2. The instant appeal has been filed for quashing the impugned summoning order dated 27.03.2024 passed by Additional District and Sessions Judge/ Special Judge, SC/ST Act, Lucknow in Complaint/ Sessions Case No. 2682 of 2022 under Sections 323, 504 IPC and Section 3(1)(dha) of the SC/ST Act, police station Gosaiganj, District Lucknow. 3. Learned counsel for the appellants has submitted that the impugned summoning order dated 27.03.2024 is not in conformity with the statement of the complainant recorded under Section 200 Cr.P.C. and the statement of the witnesses recorded under Section 202 Cr.P.C. The learned trial Court while passing the impugned summoning order has failed to appreciate the fact that the complainant's version of the incident, as stated in the complaint, is not substantiated by the statement of the complainant recorded under Section 200 Cr.P.C. and the statement of witnesses recorded under Section 202 Cr.P.C. Thus, even prima facie no offence is disclosed against the appellants. Despite this fact, they have been summoned to face the trial which is nothing but malicious prosecution and an abuse of the process of the Court. 4. Per contra, learned A.G.A. has submitted that this is not a stage where minute and meticulous exercise with regard to the appreciation of evidence may be done and truthfulness of the allegations could only be tested in a criminal trial. At this initial stage, the fact of innocence of the appellants can also not be determined. 5. After arguing at some length learned counsel for the appellants prays for withdrawal of the appeal with liberty to file bail application before the authority/ court concerned. 6. Accordingly, the instant appeal is dismissed as withdrawn with liberty to the appellants to apply for bail within a period of one week from today before learned trial Court. 7. If the appellants apply for bail before the learned trial Court concerned, the same shall consider and decide the same expeditiously, in accordance with law laid down by the Hon'ble Supreme Court in Satender Kumar Antill Vs. Central Bureau of Investigation and others : MANU/SC/1024/2021, by keeping the process, if any, which is found to be issued against the present appellants in abeyance for the aforesaid period only. 8. It is made clear that in case, the appellants fails to apply for bail before the authority concerned within the aforesaid period, the interim protection granted herein above shall automatically stand vacated without any further reference to this Court and the process, which has already been issued against the appellants, shall be given effect to in accordance with law. (Om Prakash Shukla, J.) Order Date :- 28.1.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench