Gurmit Singh Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Gurmit Singh Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the cognizance order dated 1.1.2024, charge sheet no. 335 dated 21.12.2023 and the entire proceedings of Special Case no. 9 of 2024 should be set aside/quashed. +1 more

Court's answer

The submissions raised relate to disputed questions of fact which cannot be adjudicated by this Court; only a prima facie case is to be seen at this stage in the light of the law laid down by the Supreme Court (R.P. Kapur, Bhajan Lal, P.P. Sharma, Zandu Pharmaceutical), and the disputed defence of the accused cannot be considered now.

Ratio / Principle

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

Key takeaways

The applicant retains the right of discharge before the court below and is free to advance all his submissions through a discharge application before the trial court.ratio¶4

Detailed headnote1 paragraphs

Allahabad High Court (Shekhar Kumar Yadav, J.), Criminal Appeal No. 7252 of 2024 (decided 09.10.2025): Gurmit Singh v. State of U.P. — Appeal under Section 14-A(1) SC/ST Act seeking quashing of the cognizance order dated 1.1.2024, charge sheet no. 335 dated 21.12.2023 and the entire proceedings of Special Case no. 9 of 2024, arising out of Case Crime no. 285 of 2023 (sections 452, 34, 302 IPC and 3(2)(v) SC/ST Act, P.S. Milak, District Rampur, pending before the Special Judge, SC/ST Act, Rampur), on the appellant's contention that no offence is disclosed and prosecution is mala fide. Court held that on the material on record it cannot be said that no offence is made out; the submissions concerned disputed questions of fact not adjudicable by the Court, which confined itself to a prima facie view guided by Supreme Court precedents (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; Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq, 2005 SCC (Cr.) 283). The appellant was directed to pursue discharge before the trial court. Prayer for quashing refused; appeal dismissed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 7252 of 2024

Gurmit Singh

.....Appellant(s)

Versus

State of U.P.

		.....Respondent(s)
Counsel for Appellant(s)	:	Subhash Chandra Pandey
Counsel for Respondent(s)	:	G.A.

Court No. - 86

HON'BLE SHEKHAR KUMAR YADAV, J.

1.Heard learned counsel for the appellant, learned A.G.A for the State and perused the record.

2.This Criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (in short of 'the SC/ST Act) has been preferred by the appellant with the prayer to set aside/quash the cognizance order dated 1.1.2024 and charge sheet no. 335 of dated 21.12.2023 as well as entire proceedings of Special Case no. 9 of 2024, arising out of Case Crime no. 285 of 2023, under section 452, 34, 302 IPC and 3 (2) (V) of SC/ST Act, P.S. Milak, District Rampur, pending in the Court of Special Judge, SC/ST Act, Rampur.

3.The contention of the learned counsel for the appellant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment.

4.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 applicant. All the submissions made at the bar relate to the disputed questions 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.IR. 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 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 before the court below and he is free to take all the submissions in the said discharge application before the trial court.

5.The prayer for quashing the impugned order of the aforementioned case is refused .

CRLA No. 7252 of 2024

2

6.Accordingly, this criminal appeal is dismissed.

October 9, 2025 A.

(Shekhar Kumar Yadav,J.)

Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad