HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 5934 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1.Heard learned counsel for the appellant, 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 quash the charge sheet No. 226 of 2022, dated 30.7.2022 (State Vs. Kapil Giri) as well as the entire criminal proceeding in Criminal Case/S.T. No. 1452 of 2022, arising out of Case Crime no. 242 of 2022, under Section 323, 504, 506, 427 IPC and 3 (2) (va) of SC/ST Act, P.S. Simbhawali, District Hapur submitted by the Investigating officer on 30.7.2022 and the learned Additional District & Sessions Judge/Special SC/ST Act, Hapur taken cognizance on 19.9.2022. 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 Versus Counsel for Appellant(s) : Alok Kumar Singh Counsel for Respondent(s) : G.A. Kapil Giri .....Appellant(s) State of U.P. and Another .....Respondent(s) 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 appellant appears and surrenders before the court below and apply for bail, his prayer for bail shall be considered and decided in accordance with law . 7.With the aforesaid observations, this Criminal appeal is finally disposed off. .... September 9, 2025 A. CRLA No. 5934 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad