HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9159 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard Mr. Dhiraj Singh, learned counsel for the appellants, learned A.G.A for the State, Mr.Haridwar Singh, learned counsel for the respondent no.2 as also perused the record. 2. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned charge sheet dated 13.01.2024 as well as cognizance/summoning order dated 06.03.2024 passed by Special Judge SC/ST Act, Mathura in Session Trial No.275 of 2024 arising out of Case Crime No.376 of 2023, under Sections 420, 504, 506, 120-B IPC and Section 3(2)(va) of SC/ST Act, Police Station Sadar Bazar, District Mathura. 3. Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case just to pressurize and harass the appellants, in fact, no such incident has taken place. The applicants have never committed any offence as alleged against them. Further submission is that no offence against the appellants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the appellants. He also pointed out certain documents in support of his contention. 4. Per contra, the learned AGA opposed the appeal and submitted that at the stage of summoning the accused, the Magistrate/Court dealing with the matter is required to apply judicial mind only with a view to take cognizance of the offence to find-out as to whether prima-facie case has been made out Versus Counsel for Appellant(s) : Dhiraj Singh Counsel for Respondent(s) : G.A., Haridwar Singh Prakash Sharma And Another .....Appellant(s) State of U.P. and Another .....Respondent(s) to summon the accused or not. There is no infirmity or illegality in the impugned order warranting interference by this Court. Hence, the appeal having no force is liable to be dismissed. 5. From the perusal of 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 submissions made at the bar relates to the disputed question 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.I.R. 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 lastly 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 appellants have got a right of discharge as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court. 6. I have considered the arguments advanced on behalf of the parties and perused the impugned order. I find no irregularity, illegality or jurisdictional error in the order impugned. The appeal lacks merit and is, accordingly, dismissed. October 14, 2025 Ajeet CRLA No. 9159 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad