Anurag Mishra Alias Banti Mishra vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Anurag Mishra Alias Banti Mishra vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing prayer refused; however, if the applicant/appellant appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided in accordance with law.

Issue for consideration

Whether no offence against the appellant is disclosed and the prosecution was instituted with mala fide intention for purposes of harassment, warranting quashing/setting aside of the charge sheet dated 20.07.2023 and the cognizance/summoning order dated 23.09.2025. +1 more

Court's answer

From 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 appellant.

Ratio / Principle

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

Key takeaways

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 v. State of Punjab, State of Haryana v. Bhajan Lal, State of Bihar v. P.P. Sharma and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq.ratio¶15
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¶15
The prayer for quashing the proceedings of the case as well as the cognizance/summoning order is refused.

Detailed headnote1 paragraphs

Criminal Appeal (Sec. 14-A(1), SC/ST Act), Allahabad High Court (Shekhar Kumar Yadav, J.) — disposed of 25.11.2025. Appellant Anurag Mishra @ Banti Mishra sought setting aside of the charge sheet dated 20.07.2023 and the cognizance/summoning order dated 23.09.2025 of the Special Judge (SC/ST Act), Prayagraj in S.T. No. 1143 of 2025 (State v. Satish Kumar @ Rajjan Tripathi and others) arising out of Case Crime No. 102 of 2023, PS Holagarh, District Prayagraj, under Sections 323, 504, 506 IPC and 3(1)Da, 3(1) Dha, 3(2)5Ka SC/ST Act. His contention that no offence was disclosed and prosecution was mala fide/harassment-motivated was rejected: perusal of the record did not support that no offence was made out; submissions rested on disputed questions of fact not adjudicable at this stage, assessment being confined to a prima facie view in the light of R.P. Kapur v. State of Punjab (A.L.R. 1960 S.C. 866), State of Haryana v. Bhajan Lal (1992 SCC (Cr.) 426), State of Bihar v. P.P. Sharma (1992 SCC (Cr.) 192) and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq (2005 SCC (Cr.) 283, para 10). Accused left free to press all submissions through a discharge application before the trial court. Prayer for quashing refused; direction that on appearance/surrender and bail application the bail prayer shall be considered and decided according to law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 10885 of 2025

Anurag Mishra Alias Banti Mishra

.....Appellant(s)

	Versus
State of U.P. and Another	.....Respondent(s)
Counsel for Appellant(s)	: Mohd. Javed Akhtar
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 charge sheet dated 20.07.2023 as well as cognizance/summoning order dated 23.09.2025 passed by Special Judge (SC/ST Act) Prayagraj in S.T. No. 1143 of 2025 (State Vs. Satish Kumar @ Rajjan Tripathi and others) arising out of Case Crime No. 102 of 2023, under Sections 323, 504, 506 I.P.C. & 3(1)Da, 3(1) Dha, and 3(2)5Ka SC/ST Act, Police Station- Holagarh, District- Prayagraj, pending in the court of Special Judge (SC/ST Act) Prayagraj.

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

CRLA No. 10885 of 2025

2

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.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