HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7483 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 impugned charge sheet dated 5.4.2025 as well as cognizance order dated 30.5.2025 passed by Special Judge, SC/ST Act, Varanasi in Case no. 476 of 2025, (State Vs. Ravi Yadav and others), arising out of Case Crime no. 163 of 2025, under Sections 191 (2), 115 (2), 352, 351 (2), 333, 74, 117 (2), 76 of B.N.S., and Section 3 (1) (da), 3 (1) (dha) and 3 (2) (va) SC/ST Act, P.S. Chaubeypur, District Varanasi. 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 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) : Ashwani Kumar Yadav Counsel for Respondent(s) : G.A., Satyendra Singh Shiv Kumar Yadav And 2 Others .....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 charge sheet as well as cognizance order of the aforementioned case is refused. 6.With the above observations this criminal appeal is hereby dismissed. .... September 1, 2025 A. CRLA No. 7483 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad