HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8596 of 2025 Court No. - 86 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 the cognizance order dated 24.10.2024 passed by learned Special Judge, SC/ST Act, Jaunpur in S.S.T. No. 322 of 2024, (State Vs. Rakesh Prajapati and others), under Section 323, 504, 506, 452, 427 IPC and 3 (1) (r) and 3 (1) (s), 3 (2) (va) of SC/ST Act, P.S. Sarpataha, District Jaunpur as well as entire proceedings of the aforementioned case. 3.The contention of the learned counsel for the appellant is that no offence against the appellant 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 Versus Counsel for Appellant(s) : Amit Kumar Pandey, Prathamesh Upadhyay Counsel for Respondent(s) : G.A. Banti Alias Maneesh Mishra .....Appellant(s) State of U.P. and Another .....Respondent(s) (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 as well as entire proceedings of the aforementioned case is refused. 6.Accordingly, the present appeal is disposed of. October 7, 2025 A. CRLA No. 8596 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad