Appeal under Section 14-A(1) SC/ST Act sought quashing of a summoning order and charge sheet for offences under the IPC and SC/ST Act. The court found disputed questions of fact could not be adjudicated at this stage and refused the prayer, while noting bail would be considered on surrender.
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 10888 of 2025
Mahendra Kumar Kushwaha And 2 Others
.....Appellant(s)
Versus State of U.P. and Another .....Respondent(s) Counsel for Appellant(s) : Ajit Pratap Kushwaha, Amar Bahadur Maurya Counsel for Respondent(s) : G.A.
Court No. - 86
HON'BLE SHEKHAR KUMAR YADAV, J.
CRLA No. 10888 of 2025
2
10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage. Moreover, the appellants 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.
(Shekhar Kumar Yadav,J.)
November 25, 2025
Rahul
Digitally signed by :- RAHUL KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the summoning order and charge sheet in the SC/ST Act case should be quashed on the ground that no offence is disclosed and the prosecution is mala fide.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabRelied on¶4
A.IR. 1960 S.C. 866 · Who else cites this
State of Haryana Vs. Bhajan LalRelied on¶4
1992 SCC (Cr.) 426 · Who else cites this
State of Bihar Vs. P.P. SharmaRelied on¶4
1992 SCC (Cr.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and anotherRelied on¶4
(Para-10) 2005 SCC (Cr.) 283 · Who else cites this
8 provisions across 2 enactments
Mahendra Kumar Kushwaha And 2 Others
State of U.P.
Another
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
