HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8547 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant, learned counsel for the respondent no.2 and learned A.G.A for the State as well as perused the record. 2. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set- aside the impugned cognizance order dated 02.05.2024, passed by Special Court of Additional District and Sessions Judge SC/ST Act, Hapur as well as the impugned charge sheet dated 03.04.2024, No. 745A/2023 in Session Case No. 330 of 2024 (State versus Sanjeev Gupta) arising out of Case Crime No.0615 of 2023, under Sections- 323, 504, 506 of IPC and Section- 3(2)(va) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station- Hapur Nagar, District- Hapur, pending in the Court of Special Additional District and Sessions Judge SC/ST, Hapur with a further prayer to stay further proceedings of the aforesaid case. 3. The contention of the learned counsel for the appellants is that no offence against the appellant is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment. 4. Per contra, the learned AGA opposed the appeal and submitted that at the stage of summoning the accused, the Magistrate/Court dealing with the matter is required to apply judicial mind only with a view to take cognizance of the offence to find-out as to whether prima-facie case has been made out to summon the accused or not. There is no infirmity or illegality in the Versus Counsel for Appellant(s) : Rajat Agarwal, Virpratap Singh Counsel for Respondent(s) : G.A., Samarth Sinha, Vijay Sinha Sanjeev Gupta .....Appellant(s) State of U.P. and Another .....Respondent(s) impugned order warranting interference by this Court. Hence, the appeal having no force is liable to be dismissed. 5. 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 appellants. 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 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.L.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. 6. The prayer for quashing the proceedings of case as well as cognizance/summoning order is refused. 7. However, it is provided that if the applicant appears and surrenders before the court below and apply for bail, his prayer for bail shall be considered and decided in accordance with law. 8. With the aforesaid directions, this criminal appeal is finally disposed off. September 9, 2025 Krishna* CRLA No. 8547 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad