HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9088 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1.Supplementary affidavit filed on behalf of the appellants is taken on record. 2.1.Heard learned counsel for the appellants, learned counsel for the opposite party no. 2 as well as learned A.G.A for the State and perused the record. 3.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 entire proceeding of Criminal Case no. 136 of 2024, (State Vs. Ghanshyam and others), arising out of Case Crime no. 176 of 2023, under Section 323, 504, 506, 452, 336, 325 IPC and 3 (1) Da, 3 (1) Dha, 3 (2) (Va) of SC/ST Act, P.S. Dubauliya, District Basti as well as impugned charge sheet dated 4.11.2023 and impugned cognizance/summoning order dated 14.2.2024 passed by the learned Special Judge, SC/ST Act, Basti. 4.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. The appellants are innocent and has falsely been implicated in this case. The appellants have no concern with the alleged incident. 5.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 Versus Counsel for Appellant(s) : Ganesh Kumar Counsel for Respondent(s) : G.A., Pardeep Narayan Pandey, Ramanand Pandey Ghanshyam And 3 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) 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 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. 6.The prayer for quashing the impugned order as well as entire proceeding of the aforementioned case is refused. 7. However, it is provided that if the appellants appear and surrender before the court below and apply of bail, their prayer for bail shall be considered and decided in accordance with law. 8.With the aforesaid observations this Criminal appeal is finally disposed off. October 14, 2025 A. CRLA No. 9088 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad