Dismissed¶19

Smt. Radha Singh and 5 Others v. State of U.P. and Another

Allahabad HC18 Nov 2025CRLA/10584/2025

Case brief

AI extract

What is this about?

Appeal under S. 14-A(1) SC/ST Act against summoning/cognizance order refused; quashing prayer rejected at prima facie stage; disputed factual submissions held non-adjudicable by appellate court, defence left to discharge application/trial court; reliance on R.P. Kapur, State of Haryana v. Bhajan Lal, State of Bihar v. P.P. Sharma, Zandu Pharmaceutical; Allahabad HC, Shekhar Kumar Yadav J., 18.11.2025; Kanpur Nagar, Case Crime No. 214/2022, Criminal Case No. 1115/2025; IPC 147/452/504/506/427/323; SC/ST Act 3(1)(da), 3(1)(dha).

What did the court decide?

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 appellants. ¶14

Smt. Radha Singh and 5 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the criminal appeal under Section 14-A(1) SC/ST Act seeking to set aside the impugned Summoning Order dated 30.07.2025 passed by the Special Judge (SC/ST Act), Kanpur Nagar in Criminal Case No. 1115 of 2025 should succeed. +1 more

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Court's answer

The applicant (accused) retains the right of discharge before the court below and is free to take all submissions in a discharge application before the trial court.

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Ratio / Principle

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 appellants.

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Key takeaways

All the submissions advanced at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court; at this stage only a prima facie case is to be seen.ratio¶17
The prayer for quashing the proceedings of the case as well as the cognizance/summoning order is refused.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Shekhar Kumar Yadav, J.; decided 18.11.2025) dismissed Criminal Appeal No. 10584 of 2025 preferred by Smt. Radha Singh and five others under Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act to set aside the Summoning Order dated 30.07.2025 passed by the Special Judge (SC/ST Act), Kanpur Nagar in Criminal Case No. 1115 of 2025, arising out of Case Crime No. 214 of 2022 (P.S. Kalyanpur; charges under IPC ss. 147, 452, 504, 506, 427, 323 and SC/ST Act ss. 3(1)(da), 3(1)(dha)). Holding that only a prima facie case falls for review at this stage — assessed in light of R.P. Kapur, State of Haryana v. Bhajan Lal, State of Bihar v. P.P. Sharma and Zandu Pharmaceutical — the Court found it could not be said that no offence was made out; the appellants' submissions turned on disputed questions of fact not adjudicable at this stage, and the accused remains free to press all submissions through a discharge application before the trial court. The prayer to quash the proceedings and the cognizance/summoning order was refused and the appeal was dismissed.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 10584 of 2025

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Smt. Radha Singh And 5 Others

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.....Appellant(s)

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Versus

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State of U.P. and Another

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Counsel for Appellant(s)	: Sanjeev	Kumar Singh .....Respondent(s)
Counsel for Respondent(s)	: G.A.

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Court No. - 86

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HON'BLE SHEKHAR KUMAR YADAV, J.

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Heard learned counsel for the appellants and learned A.G.A for the State as well as perused the record.

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The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to setaside the impugned Summoning Order dated 30.07.2025 passed by Special Judge S.C./S.T. Act, Kanpur Nagar in Criminal Case No. 1115 of 2025 (State Vs. Smt. Radha Singh and others) arising out of Case Crime No. 214 of 2022, under Sections 147, 452, 504, 506, 427, 323 I.P.C. and 3(1)(da), 3(1)(dha) of S.C./S.T. Act, P.S.- Kalyanpur, District- Kanpur Nagar, pending in the Court of Special Judge, S.C./S.T. Act Kanpur Nagar.

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The contention of the learned counsel for the appellants is that no offence against the appellants is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment.

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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.

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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

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CRLA No. 10584 of 2025

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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 (Para10) 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.

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The prayer for quashing the proceedings of case as well as cognizance/summoning order is refused.

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Accordingly, the criminal appeal is dismissed .

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(Shekhar Kumar Yadav,J.)

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November 18, 2025 Krishna*

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Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad

Smt. Radha Singh and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Smt. Radha Singh and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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