Jaidev and Another v. State of Up and Another
Case brief
What is this about?
Allahabad High Court, Criminal Appeal No. 9779 of 2024, Jaidev and another v. State of U.P. and another (Shekhar Kumar Yadav, J., decided 04-11-2025). Quashing of cognizance/summoning order refused; appeal under Section 14-A(1) SC/ST Act dismissed. Complaint Case No. 25 of 2023 under Sections 452, 323, 506, 354 IPC and Section 3(1)(Dha) SC/ST Act, P.S. Gajraula, District Amroha. Prima facie test at summoning stage; disputed questions of fact not adjudicable in quashing appeal; right of discharge application before trial court; R.P. Kapur; State of Haryana v. Bhajan Lal; State of Bihar v. P.P. Sharma; Zandu Pharmaceutical Works Ltd.
What did the court decide?
On the material on record it cannot be said that no offence is made out against the appellants; the submissions advanced at the bar are disputed questions of fact which cannot be adjudicated by this Court, and 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, Bhajan Lal, P.P. Sharma and Zandu Pharmaceutical.