HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6805 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1.Heard learned counsel for the appellant, learned counsel for the opposite party no. 2 as well as learned A.G.A for the State and perused the record. 2.This Criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (in short of 'the SC/ST Act) has been preferred by the appellant with the prayer to set aside/quash the impugned order dated 16.3.2024 passed by the learned Special Judge, (SC/ST Act), Jalaun at Orai in S.T. No. 0106 of 2023, (Sahdev Pal Vs. State of U.P.) arising out of Case Crime no. 0097 of 2023, under Section 302, 201 IPC and 3 (2) (V) of the SC/ST Act, P.S. Churkhi, District Jalaun. 3.The contention of the learned counsel for the appellant is that no offence against the appellant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. 4.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 appellant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.IR. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192, and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge before the court below and he is free to take all the submissions in the said discharge Versus Counsel for Appellant(s) : Gunjan Yadav, S Sengar Counsel for Respondent(s) : G.A., Shrinath Sahdev Pal .....Appellant(s) State of U.P. and Another .....Respondent(s) application before the trial court. 5.The prayer for quashing the impugned order of the aforementioned case is refused. 6.Accordingly, this Criminal appeal is hereby dismissed. October 29, 2025 A. CRLA No. 6805 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad