Anand Kumar Maurya and Another vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

Anand Kumar Maurya and Another vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the charge sheet dated 26.08.2022, the cognizance/summoning order dated 31.08.2022 passed by the Special Judge (SC/ST Act), Varanai, and the proceedings of Session Trial No. 524 of 2022 should be quashed/set aside through this appeal under Section 14-A(1) of the SC/ST Act. +1 more

Court's answer

At this stage only the 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.

Ratio / Principle

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 appellants.

Key takeaways

All the submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court at this stage.ratio¶14
The disputed defence of the accused cannot be considered at this stage.ratio¶17
The appellants have a right of discharge before the court below and are free to take all their submissions in a discharge application before the trial court.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Shekhar Kumar Yadav, J.), Criminal Appeal No. 9847 of 2024, decided November 6, 2025: Criminal appeal under Section 14-A(1) SC/ST Act by Anand Kumar Maurya and another seeking quashal of the charge sheet dated 26.08.2022 and cognizance/summoning order dated 31.08.2022 passed by the Special Judge (SC/ST Act), Varanai, and of the proceedings of Session Trial No. 524 of 2022 (case crime No. 32 of 2022, Sections 420, 120-B, 406, 467, 468, 471 IPC and Section 3(2)(v) SC/ST Act, P.S. Chakiya, District Chandauli). Court held that from the material on record it cannot be said that no offence is made out against the appellants; the submissions raised are disputed questions of fact incapable of adjudication at this stage; only a prima facie view was taken in the light of the law laid down by Supreme Court in R.P. Kapur (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. (2005 SCC (Cr.) 283); the accused remain free to pursue all submissions through a discharge application before the trial court. Prayer for quashing refused; appeal dismissed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL APPEAL No. - 9847 of 2024

Anand Kumar Maurya And Another

.....Appellant(s)

Versus

State of U.P. and Another

	.....Respondent(s)
Counsel for Appellant(s)	: Chandra Bhan Kushwaha
Counsel for Respondent(s)	: G.A.

Court No. - 86

HON'BLE SHEKHAR KUMAR YADAV, J.

Heard learned counsel for the appellants, learned AGA for the State and perused the record.

This criminal appeal under Section 14-A (1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'the SC/ST Act') has been preferred by the appellants with the prayer to quash/set aside the impugned charge sheet dated 26.08.2022 and cognizance/summoning order dated 31.08.2022 passed by the Special Judge (SC/ST Act), Varanai and the entire proceedings of Session Trial No. 524 of 2022, arising out of case crime No. 32 of 2022, under Sections 420, 120-B, 406, 467, 468, 471 IPC and Section 3(2)(v) of the SC/ST Act, P.S. Chakiya, District Chandauli.

The contention of the learned counsel for the appellants is that no offence against the appellants is disclosed and the present prosecution has been instituted with malafide intentions for the purposes of harassment.

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.

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 appellants. 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.I.R. 1960 S.C. 866, State of Haryana Vs.

CRLA No. 9847 of 2024

2

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 (Para-10) 2005 SCC (Cr.) 283 . The disputed defence of the accused cannot be considered at this stage. Moreover, the applicants have got a right of discharge as the case may be, before the court below and they are free to take all the submissions in the said discharge application before the trial court.

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

The criminal appeal lacks merits and is accordingly dismissed.

November 6, 2025 RavindraKSingh

(Shekhar Kumar Yadav,J.)

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