HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7637 of 2024 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 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. 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 summoning order dated 11.7.2024 passed by learned Additional District and Sessions Judge/Special Judge (SC/ST Act), Mahoba and entire proceeding of Complaint Case no. 63 of 2023, (Atul Anuragi Vs. Amit Sharma and others), under Section 323, 504, IPC and 3 (1) (Dha), 3 (2) (5Ka) of SC/ST Act, P.S. Kotwali, District Mahoba pending in the Court of learned Additional and Sessions Judge/Special Judge, (SC/ST Act), Mahoba. 3.The contention of the learned counsel for the applicant 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 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 Versus Counsel for Appellant(s) : Nand Kishor Mishra Counsel for Respondent(s) : Devendra Singh, G.A. Amit Sharma And 5 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) aforementioned case is refused. 6.Accordingly, this Criminal appeal is hereby dismissed. October 15, 2025 A. CRLA No. 7637 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad