Absar Ahmad vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Absar Ahmad vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the proceedings and the cognizance/summoning order refused; appeal disposed of with a protective direction that if the appellant appears and surrenders before the court below and applies for bail, his bail prayer shall be considered and decided in accordance with law.

Issue for consideration

Whether the cognizance/summoning order dated 26.08.2025 and the proceedings in Special Trial No.77 of 2025 are liable to be set aside/quashed on the appellant's contention that no offence against him is disclosed and the prosecution was instituted mala fide for harassment.

Court's answer

All submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court at this stage.

Ratio / Principle

At this stage only a prima facie case is to be seen, in the light of the law laid down by the Supreme Court in R.P. Kapur, Bhajan Lal, P.P. Sharma and Zandu Pharmaceutical; the disputed defence of the accused cannot be considered at this stage.

Key takeaways

The applicant has a right of discharge before the court below and is free to take all his submissions in a discharge application before the trial court.ratio¶17
The prayer for quashing the proceedings of the case as well as the cognizance/summoning order is refused.ratio¶18
If the applicant appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided in accordance with law.

Detailed headnote1 paragraphs

Criminal Appeal (CRLA No. 10878 of 2025) under Section 14-A(1) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, Allahabad High Court (Shekhar Kumar Yadav, J.), November 25, 2025 — challenge to cognizance/summoning order dated 26.08.2025 of the Special Judge, S.C./S.T. Act, Muzaffar Nagar, in Special Trail No.77 of 2025 (State Vs. Absar Ahmad), arising out of Case Crime No.104 of 2025, under Section 74 of Bhartiya Nyaya Sanhita and Sections 3(1)w(i), 3(2)5ka of SC/ST (P.A.) Act, Police Station Jansath. HELD: at the summoning stage only a prima facie case falls for consideration in the light of R.P. Kapur, Bhajan Lal, P.P. Sharma and Zandu Pharmaceutical; submissions raising disputed questions of fact and the accused's disputed defence cannot be adjudicated in this appeal; the appellant is at liberty to raise all contentions in a discharge application before the trial court. Prayer for quashing refused; if the appellant appears and surrenders and applies for bail, the bail prayer is to be considered and decided in accordance with law. Appeal finally disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 10878 of 2025

Absar Ahmad

.....Appellant(s)

Versus

State of U.P. and Another

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

Court No. - 86

HON'BLE SHEKHAR KUMAR YADAV, J.

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

The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to setaside the impugned cognizance/summoning order dated 26.08.2025 passed by learned Special Judge, S.C./S.T., (Prevention of Atrocities), Act, Muzaffar Nagar, in Special Trail No.77 of 2025 (State Vs. Absar Ahmad), arising out of Case Crime No.104 of 2025, under Section 74 of Bhartiya Nyaya Sanhita and 3(1)w(i), 3(2)5ka, of SC/ST (P.A.) Act, Police StationJansath, District- Muzaffar Nagar.

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 malafide intentions for the purposes of harassment.

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.

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

CRLA No. 10878 of 2025

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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.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.

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

However, it is provided that if the applicant appears and surrenders before the court below and apply for bail, his prayer for bail shall be considered and decided in accordance with law.

With the aforesaid directions, this criminal appeal is finally disposed off.

(Shekhar Kumar Yadav,J.)

November 25, 2025 Krishna*

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