Hriday Prasad Mishra and 3 Others Vs State of U.P. and… — Caste Atrocities | Allahabad HC (2025)

Hriday Prasad Mishra and 3 Others Vs State of U.P. and… — Caste Atrocities | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No relief against prosecution: quashing of the cognizance/summoning order and charge sheet refused; appellants directed that on appearance/surrender before the court below and application for bail, their bail prayer will be considered and decided in accordance with law; criminal appeal finally disposed off.

Issue for consideration

Whether any offence against the appellants is disclosed, and whether the prosecution was instituted mala fide for purposes of harassment (contention raised by appellants' counsel). +1 more

Court's answer

On perusal of the record, at this stage it cannot be said that no offence is made out against the applicant/appellants.

Ratio / Principle

All submissions made at the bar relate to disputed questions of fact, which cannot be adjudicated upon by this Court at the appeal stage.

Key takeaways

The disputed defence of the accused cannot be considered at this stage.ratio¶15
At this stage only a prima facie case is to be seen, in the light of the law laid down by Supreme Court (invoking R.P. Kapur, Bhajan Lal, P.P. Sharma and Zandu Pharmaceutical Works).ratio¶12
The accused retains the right of discharge before the court below and is free to take all submissions in the discharge application before the trial court.ratio

Detailed headnote1 paragraphs

CRIMINAL APPEAL (CRLA) No. 7860 of 2024, High Court of Judicature at Allahabad (Court No. 86), decided on October 15, 2025 by Hon'ble Shekhar Kumar Yadav, J. Appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by Hriday Prasad Mishra and 3 others seeking set aside/quash of the cognizance/summoning order dated 6.4.2023 passed by Special Judge (SC/ST Act), Allahabad in S.S.T. No. 212 of 2023, and charge sheet no. 115 of 2020 dated 12.9.2020, arising out of Case Crime no. 84 of 2020 under Sections 287, 323, 427, 452, 504, 506 IPC and 3(1)(r), 3(1)(s) SC/ST Act, P.S. Khiri, District Prayagraj. Court holds that offence appears prima facie and appellants' submissions raise disputed questions of fact incapable of adjudication at this stage, taking only a prima facie view in the light of 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); accused left free to pursue discharge/bail before the court below; prayer to quash refused; criminal appeal finally disposed off.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 7860 of 2024

Hriday Prasad Mishra And 3 Others

.....Appellant(s)

Versus

State of U.P. and Another	.....Respondent(s)
Counsel for Appellant(s)	: D.K.Ojha, Vikas Kumar Ojha
Counsel for Respondent(s)	: G.A., Mohd Mohiuddin Siddiqui

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 appellants with the prayer to set aside/quash the cognizance/summoning order dated 6.4.2023 passed by the Special Judge (SC/ST.Act), Allahabad in S.S.T. No. 212 of 2023 (State Vs. Hriday Prasad Mishra and others), and charge sheet no. 115 of 2020, dated 12.9.2020, arising out of Case Crime no. 84 of 2020, under Section 287, 323, 427, 452, 504, 506 IPC and 3(1) (r) and 3 (1) (s) SC/ST Act, P.S. Khiri, District Prayagraj.

3.The contention of the learned counsel for the appellants 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

CRLA No. 7860 of 2024

2

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 charge sheet of the aforementioned case is refused .

However, it is provided that if the appellants appear and surrender before the court below and apply for bail, their prayer for bail shall be considered and decided in accordance with law.

7.With the aforesaid observations this Criminal appeal is finally disposed off.

(Shekhar Kumar Yadav,J.)

October 15, 2025

A.

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