Tabrez Ali Khan S/O Halim Khan @ Appu and another Vs State of U.P. through Secretary Home Department Lucknow and Another — Allahabad HC (2025) — LawSathi Research

Tabrez Ali Khan S/O Halim Khan @ Appu and another Vs State of U.P. through Secretary Home Department Lucknow and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal finally disposed of with a direction that the appellants' bail application, if filed before the court below, shall be heard and disposed of expeditiously in accordance with law; the prayer to set aside the impugned summoning order was refused.

Issue for consideration

Whether the Charge Sheet No.1 of 2023 dated 16.01.2024 and the summoning order dated 01.08.2024 passed by the Special Judge SC/ST Act, Mirzapur should be set aside, on the appellants' contention that they were falsely implicated, no offence is disclosed, and no prima facie case is made out against them. +1 more

Court's answer

The prayer to set aside the impugned summoning order (and the associated charge sheet) is refused; the court declines to quash the charge-sheet/summoning-order stage despite counsel's submissions regarding false implication and absence of prima facie case.

Ratio / Principle

The present appeal is disposed of with the direction that if the appellants file a bail application before the court below, the same shall be heard and disposed of expeditiously in accordance with law; with these observations the appeal stands finally disposed of.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Court No. 86), single-member bench of HON'BLE SHEKHAR KUMAR YADAV, J. — Criminal Appeal No. 9128 of 2024 (CRLA), decided October 14, 2025. Tabrez Ali Khan S/o Halim Khan @ Appu and another (counsel: Mohd. Shahanshah Khan) appealed under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act against the State of U.P. through Secretary Home Department, Lucknow, seeking to set aside Charge Sheet No.1 of 2023 dated 16.01.2024 and the summoning order dated 01.08.2024 passed by the Special Judge SC/ST Act, Mirzapur in S.S.T. No.946 of 2024, arising out of Case Crime No.352 of 2023, Police Station Lalganj, District Mirzapur, registered under Sections 323, 504, 506 IPC and Section 3(2)(V-a), 3(1)(r) and 3(1)(s) of the SC/ST Act. Counsel submitted that the appellants were falsely implicated merely to pressurize and harass them, no such incident took place, no offence was disclosed and no prima facie case existed. Considering the facts and circumstances, the court expressly refused the prayer to set aside the impugned summoning order, and instead disposed of the appeal with the direction that any bail application filed by the appellants before the court below shall be heard and disposed of expeditiously in accordance with law.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 9128 of 2024

Tabrez Ali Khan S/O Halim Khan @ Appu And Another

.....Appellant(s)

Versus

State Of U.P. Through Secretary Home Department Lucknow And Another

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

Court No. - 86

HON'BLE SHEKHAR KUMAR YADAV, J.

Heard learned counsel for the appellants, learned A.G.A for the State as also perused the record.

The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set aside the impugned Charge Sheet No.1 of 2023 dated 16.01.2024 as well as impugned summoning order dated 01.08.2024 passed by Special Judge SC/ST Act, Mirzapur in S.S.T. No.946 of 2024 arising out of Case Crime No.352 of 2023, under Sections 323, 504, 506 IPC and Section 3(2)(V-a), 3(1) (r) and 3(1)(s) of SC/ST Act, Police Station Lalganj, District Mirzapur.

Submission of learned counsel for the appellants is that the applicants have been falsely implicated in the present case just to pressurize and harass the appellants, in fact, no such incident has taken place. The appellants have never committed any offence as alleged against them. Further submission is that no offence against the appellants is disclosed and the court below has utterly failed to consider as no prima facie case is made out against the appellants. He also pointed out certain documents in support of his contention.

Considering the facts and circumstances of the case, the prayer to set aside the impugned summoning order as mentioned above is hereby refused .

At this stage, learned counsel for the appellants submitted that directions may be given to the court below to consider the bail application of the appellants in accordance with law.

CRLA No. 9128 of 2024

2

Considering the facts and circumstances of the case, the present appeal is disposed of with the direction that in case the appellants filed bail application before the court below, the same shall be heard and disposed of expeditiously in accordance with law.

With the above observations, this appeal is disposed of finally.

October 14, 2025 Ajeet

(Shekhar Kumar Yadav,J.)

Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad