HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8041 of 2025 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard Mr. Atul Kumar, learned counsel for the appellant, learned A.G.A. for the State, learned counsel for the respondent no.2 and perused the material available on 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 charge sheet dated 18.05.2025 as well as cognizance and summoning order dated 06.06.2025 as well as entire proceeding of Special Session Trial No.51 of 2025 arising out of Case Crime No.61 of 2025, under Sections 352, 351(2), 115(2) BNS and Section 3(1)(r), 3(1)(s), 3(2)5a of SC/ST Act, Police Station Ratanpuri, District Muzaffar Nagar. 3. Submission of learned counsel for the appellant is that the appellant has been falsely implicated in the present case just to pressurize and harass the appellant, in fact, no such incident has taken place. Further submission is that no offence against the appellant is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the appellant. He also pointed out certain documents in support of his contention. 4. 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 appellant. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the Versus Counsel for Appellant(s) : Atul Kumar Counsel for Respondent(s) : G.A., Rajendra Prasad Shukla, Rishabh Shukla Mohit Sharma .....Appellant(s) State Of U.P. Though It Principal Secretary (Home) And Another .....Respondent(s) 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 applicants have got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court. 5. The prayer for quashing the entire proceedings of the above mentioned case is hereby refused. 6. At this stage, learned counsel for the appellant submits that the appellant may be permitted to move discharge application before the court concerned. 7. Having considered the nature of allegations and submissions made by learned counsel for the appellant, it is provided that in case the appellant moves discharge application, the same shall be considered and disposed of by the court below, in accordance with law, expeditiously. 8. With the aforesaid observation/direction, the present appeal is disposed of finally. October 7, 2025 Ajeet CRLA No. 8041 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad