Neutral Citation No. - 2025:AHC:136807 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 40824 of 2024 Applicant :- Shivam Sen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh,Premnendra Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present 528 BNSS application has been filed to quash the charge-sheet No.220 of 2024, dated 07.08.2024, cognizance order dated 21.08.2024 as well as entire proceedings of criminal case arising out of Case Crime No.183 of 2024, under sections 191(2), 191(3), 190, 115(2), 118(1), 126(2), 3521, 351(3), 109 B.N.S.S.,2023, Police Station Mahrauni, District Lalitpur, pending in the court of Additional Chief Judicial Magistrate, Mahrauni, Lalitpur. 3. Learned counsel for the applicant submits that the applicant is not named in the FIR. Statement of the informant recorded by the Investigating Officer under section 161 Cr.P.C. has not disclosed the name of the applicant. Applicant's name surfaced in the statement of co-accused to such extent that they present on the spot on his call. Moreover, the applicant has not been attributed role of causing assault in the statement of the co-accused. There is no evidence against the applicant to prosecute him. 4. Per contra, learned AGA opposed the submission of applicant's counsel and submitted that submission raised by applicant's counsel, are disputed question of facts, which cannot be entertained at this stage. 5. The prayer for quashing the entire proceedings, charge sheet, cognizance/summoning order of the aforesaid case against the applicant is, hereby, refused. 6. However, if applicants move discharge application before the concerned court below within two weeks from today, the court below shall decide his application in accordance with law, expeditiously, preferably within a period of six weeks from the date of filing of discharge application. 7. Till disposal of discharge application, no coercive action shall be taken against the applicant in the aforesaid case. 8. With the above directions, this 528 BNSS application is disposed of. Order Date :- 12.8.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad