HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9105 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1.Heard learned counsel for the appellants and Sri Krishna Kant Dubey, 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 appellants with the prayer to set aside/quash the charge sheet dated 20.7.2024 and cognizance/summoning order dated 13.8.2024 and 27.8.2024 as well as entire proceeding of Session Case no. 599 of 2024, arising out of case Crime no. 141 of 2024, under section 323, 308, 504, 506 IPC and 3 (1) Da, 3 (1)Dha, 3 (2) (5) Ka of SC/ST Act, P.S. Hapur Dehat, District Hapur, pending in the Court of learned Additional District and Session Judge/Special Judge, SC/ST Act, Hapur. 3.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 a malafide intention for the purposes of harassment. The appellants are innocent and has falsely been implicated in this case. 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 appellants. 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 Versus Counsel for Appellant(s) : Manoj Kumar Tripathi Counsel for Respondent(s) : G.A., Krishna Kant Dubey, Santosh Kumar Dubey Adil Khan And 3 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) 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. 5.The prayer for quashing the impugned order as well as entire proceeding of the aforementioned case is refused. 6. 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. 7.With the aforesaid observations this Criminal appeal is finally disposed off. October 14, 2025 A. CRLA No. 9105 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad