Surendra Pal Singh Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Surendra Pal Singh Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the entire proceedings of Special Trial No. 747 of 2018 (arising out of Complaint Case No. 9347 of 2013) under Sections 323, 504, 506 IPC and Section 3(1)(x) SC/ST Act, together with the summoning order, non-bailable warrants and consequential proceedings under Sections 82/83 Cr.P.C., should be quashed/set aside. +1 more

Court's answer

The appellant's submissions raise disputed questions of fact which cannot be adjudicated by this Court; at this stage only the prima facie position 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 Works.

Ratio / Principle

On the material on record, at this stage it cannot be said that no offence is made out against the appellant.

Key takeaways

The disputed defence of the accused cannot be considered at this stage; the accused has the right to move a discharge application before the court below and is free to take all his submissions there.ratio¶17
The prayer for quashing the entire proceedings of the case as well as the consequential proceedings is refused.ratio¶18

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Shekhar Kumar Yadav, J.), December 16, 2025 - Criminal appeal under Section 14-A(1) SC/ST Act by Surendra Pal Singh Yadav seeking quashment/set aside of the entire proceedings of Special Trial No. 747 of 2018 (State of UP Vs Surendra Pal Singh and another), arising out of Complaint Case No. 9347 of 2013 under Sections 323, 504, 506 IPC and Section 3(1)(x) SC/ST Act, along with the summoning order, non-bailable warrants and consequential proceedings under Sections 82/83 Cr.P.C. - DISMISSED. Held: on the material on record it cannot be said that no offence is made out against the appellant; the appellant's submissions (including the plea that the complaint is mala fide and a counterblast to criminal proceedings pending against the complainant's brother) raise disputed questions of fact not adjudicable by the High Court; at this stage only the prima facie case is to be seen in the light of the law laid down in R.P. Kapur v. State of Punjab (AIR 1960 SC 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); the disputed defence of the accused cannot be considered at this stage and the accused remains free to take all submissions in a discharge application before the trial court. Prayer for quashing refused; appeal dismissed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 11675 of 2025

Surendra Pal Singh Yadav

.....Appellant(s)

Versus

State of U.P. and Another

Counsel for Appellant(s)	: Mohd. Hesamuddin Khan .....Respondent(s)
Counsel for Respondent(s)	: G.A.

Court No. - 86

HON'BLE SHEKHAR KUMAR YADAV, J.

Heard learned counsel for the appellant, learned AGA for the State and perused the record.

This criminal appeal under Section 14-A (1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'the SC/ST Act') has been preferred by the appellant with the prayer to quash/set aside the entire proceedings of Special Trial No. 747 of 2018 (State of UP Vs Surendra Pal Singh and another), under Sections 323, 504, 506 IPC and Section 3(1)(x) of SC/ST ACt arising out of Complaint Case No. 9347 of 2013 along with summoning order, non bailable warrants and all consequential proceedings under Sections 82/83 Cr.P.C.

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. It is further submitted that the entire proceedings are vitiated in law as the very initiation of criminal action is founded upon malicious motivated and false complaint, instituted as a counterblast to the lawful criminal proceedings pending against the complainant's brother in a serious criminal case.

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. Moreover, in the present matter Non bailable warrant and proceedings under Sections 82/83 Cr.P.C. have also been initiated against the applicant. 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 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

CRLA No. 11675 of 2025

2

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 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 entire proceedings of case as well as consequential proceedings are refused.

The criminal appeal lacks merit and is accordingly dismissed.

(Shekhar Kumar Yadav,J.)

December 16, 2025 RavindraKSingh

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