Durgvijay and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Durgvijay and 2 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; the prayer for quashing the impugned order and the charge sheet was refused.

Issue for consideration

Whether the charge sheet dated 31.8.2020 and the cognizance/summoning order dated 21.12.2020 in Case Crime No. 54 of 2020 ought to be quashed on the appellants' contention that no offence against them is disclosed and the prosecution was instituted with malafide intention for the purposes of harassment.

Court's answer

On the material on record and the facts of the case at this stage, it cannot be said that no offence is made out against the applicant; the submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

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, State of Haryana v. Bhajan Lal, State of Bihar v. P.P. Sharma and Zandu Pharmaceutical Works Ltd.; the disputed defence of the accused cannot be considered at this stage.

Key takeaways

The applicant has the right of discharge before the court below and is free to take all his submissions in a discharge application before the trial court.ratio¶13
The prayer for quashing the impugned cognizance/summoning order as well as the charge sheet is refused.ratio¶14
The criminal appeal is dismissed.ratio

Detailed headnote1 paragraphs

Criminal Appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act seeking quashing of the charge sheet dated 31.8.2020 and the cognizance/summoning order dated 21.12.2020 passed by the Special Judge (SC/ST Act)/Addl. Session Judge, Ballia in Case Crime No. 54 of 2020 (Special Session Trial No. 706 of 2020), arising out of P.S. Ubhaon, District Ballia, under Sections 323, 504, 506 IPC and Section 3 (1) (Da) of the SC/ST Act. Held: on the material on record it cannot be said at this stage that no offence is made out against the applicants; the submissions advanced were disputed questions of fact which cannot be adjudicated upon by the Court; 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 (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 applicant remains free to raise all submissions in a discharge application before the trial court. Prayer for quashing refused; appeal dismissed. (Shekhar Kumar Yadav, J., October 15, 2025.)

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 7853 of 2024

Durgvijay And 2 Others

.....Appellant(s)

Versus

State of U.P. and Another	.....Respo
Counsel for Appellant(s)	: Om Singh Rathaur
Counsel for Respondent(s)	: Devottam Pandey, G.A.

.....Respondent(s)

Court No. - 86

HON'BLE SHEKHAR KUMAR YADAV, J.

1.Heard learned counsel for the appellants, learned counsel for the opposite party no. 2 as well as 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 appellants with the prayer to set aside/quash the charge sheet dated 31.8.2020 and cognizance/summoning order dated 21.12.2020 passed by learned Special Judge (SC/ST Act)/Additional Session Judge, Ballia in Case Crime no. 54 of 2020, in Special Session trial no. 706 of 2020, under Section 323, 504, 506 IPC and 3 (1) (Da) of SC/ST Act, P.S. Ubhaon, District Ballia.

3.The contention of the learned counsel for the applicant is that no offence against the applicants 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 as well as the charge sheet of the aforementioned case is refused .

CRLA No. 7853 of 2024

2

6.Accordingly this criminal appeal is hereby dismissed.

October 15, 2025 A.

(Shekhar Kumar Yadav,J.)

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