Dismissed

Shyam v. State of U.P. and Another

Allahabad HC28 Oct 2025CRLA/9556/2025

Case brief

AI extract

What is this about?

In a criminal appeal against a charge sheet and summoning order under the SC/ST (Prevention of Atrocities) Act, the Court held that it cannot adjudicate disputed questions of facts at the cognizance stage. The appeal was dismissed to uphold the prima facie case, but leave was granted for the appellant to seek bail if they surrender.

What did the court decide?

The prayer for quashing the proceedings and summoning order was refused. Leave granted to apply for bail upon surrender.

Shyam vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 9556 of 2025

Shyam

.....Appellant(s)

Versus

State of U.P. and Another

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

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Court No. - 86

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HON'BLE SHEKHAR KUMAR YADAV, J.

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Heard learned counsel for the appellant and learned A.G.A for the State as well as perused the record.

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The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to setaside the impugned charge sheet dated 16.04.2025 as well as cognizance/summoning order dated 18.09.2025 passed by the Special Judge S.C./S.T. (P.A.) Act Moradabad passed in Special S.T. No. 1592 of 2025 (State Vs. Abhi Thakur alias Siddharth Pratap Singh and others) arising out of Case Crime No. 97 of 2025 under Sections 115(2), 352 B.N.S. and Section 3(1)(Dha), 3(2)(Va) of SC/ST (Prevention of Atrocities) Act, 1989, P.S.- Katghar, District- Moradabad with a further prayer to stay further proceedings of the aforesaid case.

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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.

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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. 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.

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CRLA No. 9556 of 2025

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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 by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.L.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 (Para10) 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.

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The prayer for quashing the proceedings of case as well as cognizance/summoning order is refused.

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However, it is provided that if the applicant appears and surrenders before the court below and apply for bail, his prayer for bail shall be considered and decided in accordance with law.

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With the aforesaid directions, this criminal appeal is finally disposed off.

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(Shekhar Kumar Yadav,J.)

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October 28, 2025

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Krishna*

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

Shyam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shyam v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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