HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9632 of 2024 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant, learned A.G.A for the State, learned counsel for the respondent no.2 as also perused the record. 2. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned summoning order dated 31.07.2024 passed by learned District Judge/Special Judge (SC/ST Act) Kaushambi in Complaint Case No.97 of 2023 (Pappu Saroj vs. Deepu Verma and others), under Sections 406 IPC and 3(1) (Dha) SC/ST Act, Police Station Manjhanpur, District Kaushambi. 3. Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case just to pressurize and harass the appellant, in fact, no such incident has taken place. The applicant has never committed any offence as alleged against him. 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. 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 impugned order warranting interference by this Court. Hence, the appeal having no force is liable to be dismissed. Versus Counsel for Appellant(s) : Vipin Chandra Lal Counsel for Respondent(s) : G.A., Pramod Kumar Maurya, Sajjad Khan Deepu Verma .....Appellant(s) State of U.P. and Another .....Respondent(s) 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 appellant. 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.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 appellant 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 the aforesaid summoning order as well is hereby refused. 7. Accordingly, the instant criminal appeal is dismissed. September 22, 2025 Ajeet CRLA No. 9632 of 2024 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad