Neutral Citation No. - 2025:AHC:144724 Court No. - 83 Case :- CRIMINAL APPEAL No. - 6865 of 2025 Appellant :- Amar Bahadur Patel And 3 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Lal Ji Pandey,Pallavi Pandey Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. Mr Kuldeep Kumar, Advocate has filed vakalatnama and is present on behalf of opposite party no. 2. This Criminal Appeal has been filed by applicants/appellants for quashing the entire proceedings of SST No. 111 of 2025 arising out of Case Crime No. 171 of 2024, under Sections 115(2), 352, 351(2), 324(2) of BNS and Section 3(1)D, 3(1)Dha, 3(2)VA of SC/ST Act, P.S. Bahirya, District Prayagraj, pending in the court of Special Judge, SC/ST Act, District Prayagraj. 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 malafide intentions for the purposes of harassment. 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 applicant. 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. 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 applicant has got a right of discharge as the case may be, before the court below and he is free to take all the submissions in the said discharge application before the trial court. The prayer for quashing the proceedings is refused. At this stage, learned counsel for the applicants submitted that directions may be given to the court below to consider the bail application of the applicants. Considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the court concerned and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in accordance with law. With the above directions, this Criminal Appeal is disposed of finally. Order Date :- 22.8.2025/RavindraKSingh Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad