HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7531 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 appellant with the prayer to set aside impugned summoning order dated 2.7.2025 passed by the Court of Special Judge (SC/ST Act) Maharajganj in Special S.T. No. 1306 of 2025 (State of U.P. Vs. Shahil), under Section 115 (2) 352, 351 (2) BNS and 3 (1) Dha, 3 (2) 5 Ka SC/ST Act. P.S. Chowk, District Maharajganj. 3.The contention of the learned counsel for the applicant is that no offence against the applicant 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 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 Versus Counsel for Appellant(s) : Yakub Ali Counsel for Respondent(s) : G.A. Shahil .....Appellant(s) State of U.P. and Another .....Respondent(s) 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 entire proceeding of the aforementioned case is refused. 6.However, it is provided that if the applicant appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided in accordance with law and in view of the above this criminal appeal is finally disposed of. .... September 1, 2025 A. CRLA No. 7531 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad