HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 3387 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1.Heard learned counsel for the appellants, 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 the charge sheet dated 25.4.2024 and cognizance/ summoning order dated 23.7.2024 passed by Additional Sessions Judge/Special Judge (SC/ST Act), Ballia in Session Case no. 103 of 2024, arising out of Case Crime no. 39 of 2024, under Sections 147, 323, 504, 506 IPC and 3 (1) (r), 3(1) (s), 3 (2) Va of SC/ST Act againsty appellant no. 1, 2, 3, and 4 under Section 147, 323, 504, 506 IPC against the appellant no. 5, P.S. Phephna, District Ballia as well as entire proceeding of aforementioned case. 3.The contention of the learned counsel for the applicants 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 applicants. 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 Versus Counsel for Appellant(s) : Krishna Mohan Singh Counsel for Respondent(s) : G.A. Shrkrishna Yadav And 4 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) 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 applicants have 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.With the aforesaid observations this Criminal appeal is dismissed. September 15, 2025 A. CRLA No. 3387 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad