Neutral Citation No. - 2025:AHC:146033 Court No. - 83 Case :- CRIMINAL APPEAL No. - 7436 of 2025 Appellant :- Prashant Pachauri Respondent :- State of U.P. and Another Counsel for Appellant :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J.. 1. Heard Mr. Sanjay Kumar Srivastava, learned counsel for the appellant, learned A.G.A for the State as also perused the record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned summoning order dated 20.03.2024 passed by learned Special Judge (SC/ST Act) Firozabad in Special Session Trial No.654 of 2024 (State of U.P. vs. Prashant Pachauri and others) arising out of Case Crime No.119 of 2022, under Sections 328, 376-D, 504, 506 IPC read with Section 3(2)5 SC/ST Act, Police Station Sirsaganj, District Firozabad. 3. Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case just to pressurize and harass the appellant, in fact, no such incident has taken place. Prosecution story has been developed merely just to take revenge against the appellant due to village party bandi. All the witnesses are the relatives of informant, who have supported the prosecution. No specific allegation of insulting words has been mentioned in the impugned FIR as well as in the statement of the witnesses but the court below has taken the cognizance mechanically in a routine manner while the material collected during course of investigation does not make out the case against the appellant. Cognizance order is based upon conjectures and surmises, hence, the same is liable to be set aside. 4. I have heard learned counsel for the parties and gone through the impugned order. The impugned cognizance order passed by the court below is well in conformity in law and does not suffer from error of illegality, irregularity and warrant any interference by this Court. 5. The appeal is without merit and is hereby dismissed. Order Date :- 23.8.2025/Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad