HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9504 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. Heard learned counsel for the appellants, learned AGA for the State and perused the record. Learned counsel for the opposite party no. 2 is also present. This criminal appeal under Section 14-A (1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'the SC/ST Act') has been preferred by the appellants with the prayer to quash/set aside the impugned cognizance/summoning order dated 11.3.2024 passed by the Special Judge (SC/ST Act), Ballia in Session Case No. 322 of 2024, arising out of Charge sheet dated 7.2.2024 having Case Crime No. 494 of 2023, under Sections 323, 504, 506, 308, 325 IPC and Section 3(1)Da, 3(1)Dha, 3(2)(va) of SC/ST Act, P.S. Rasrha, District Ballia. The contention of the learned counsel for the appellants is that no offence against the appellants is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment. 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 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. Versus Counsel for Appellant(s) : Anand Kumar Mishra, Sandeep Singh Counsel for Respondent(s) : G.A., Jai Prakash Rao, Rajesh Kumar Srivastava Sanjeev Singh And 2 Others .....Appellant(s) State Of U.P. And 2 Others .....Respondent(s) 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 applicants 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. The prayer for quashing the proceedings of case as well as charge sheet and summoning order is refused. However, it is provided that if the applicants appear and surrender before the court below and applies for bail, their prayer for bail shall be considered and decided in accordance with law. With the aforesaid directions, this criminal appeal is finally disposed off. October 14, 2025 RavindraKSingh CRLA No. 9504 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad