HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7860 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1.Heard learned counsel for the appellant, 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 appellants with the prayer to set aside/quash the cognizance/summoning order dated 6.4.2023 passed by the Special Judge (SC/ST.Act), Allahabad in S.S.T. No. 212 of 2023 (State Vs. Hriday Prasad Mishra and others), and charge sheet no. 115 of 2020, dated 12.9.2020, arising out of Case Crime no. 84 of 2020, under Section 287, 323, 427, 452, 504, 506 IPC and 3(1) (r) and 3 (1) (s) SC/ST Act, P.S. Khiri, District Prayagraj. 3.The contention of the learned counsel for the appellants is that no offence against the applicants 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 applicant. 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 Versus Counsel for Appellant(s) : D.K.Ojha, Vikas Kumar Ojha Counsel for Respondent(s) : G.A., Mohd Mohiuddin Siddiqui Hriday Prasad Mishra And 3 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) 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 application before the trial court. 5.The prayer for quashing the impugned order as well as charge sheet of the aforementioned case is refused. 6. However, it is provided that if the appellants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided in accordance with law. 7.With the aforesaid observations this Criminal appeal is finally disposed off. October 15, 2025 A. CRLA No. 7860 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad