HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8290 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/quash the impugned order dated 16.7.2025 passed by the learned Additional District & Session Judge/Special Judge, SC/ST Act, Hamirpur in Session case no. 569 of 2025 (State Vs. Jakaran and others), summoning the appellants under Sections 115 (2) 352, 351 (2) B.N.S. and 3(2) (va), 3 (1) Da, 3 (1) Dha SC/ST Act, as well as charge sheet dated 27.2.2025 arising out of Case Crime no. 467 of 2024, under Section 115 (2), 352, 351 (2) of B.N.S. P.S. Sumerpur, District Hamirpur and entire proceeding of the aforementioned case. 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 Versus Counsel for Appellant(s) : Ram Bahadur Counsel for Respondent(s) : G.A. Jaykaran Alias Jaykaran Sahu And 3 Others .....Appellant(s) State of U.P. and Another .....Respondent(s) 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 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 order, charge sheet as well as entire proceeding of the aforementioned case is refused. 6. However, it is provided that if the appellants appear and surrender before the court below and apply of bail, their prayer for bail shall be considered and decided in accordance with law. 7.With the aforesaid observations this Criminal appeal is finally disposed off. September 16, 2025 A. CRLA No. 8290 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad