Neutral Citation No. - 2025:AHC:30791 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 44635 of 2024 Applicant :- Osama And 8 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Jitendra Yadav Counsel for Opposite Party :- Amlesh Kumar Yadav,G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Jitendra Yadav, learned counsel for the applicants who are 9 in number as well as Sri S.K. Singh, learned AGA for the State/opposite party and Shri Amlesh Kumar Yadav, counsel for opposite party no. 2. 2. This application under Section 528 BNSS has been filed by the applicants to quash the entire proceedings of Session Case No.306 of 2024 (State Vs. Osama and others), arising out of case crime no.0419 of 2023, under Sections 3(5), 115(2), 352, 351(2) BNS and Section 3(1)(द), 3(1)(ध), 3(2)(va) of SC/ST (Prevention of Atrocity) Act, Police Station- Phoolpur, District - Azamgarh pending before the court of learned Special Judge (SC/ST Act), District Azamgarh. 3. Learned counsel for the applicants submits that a first information report stood lodged on 08.08.2024 at 23.56 hours being FIR No. 0419 of 2024, under Section 3(5), 115(2), 352, 351(2) BNSS and Section 3(1)(द), 3(1)(ध), 3(2)(va) of SC/ST (Prevention of Atrocity) Act against the applicants that on 21.07.2024 when the opposite party no. 2 who belongs to reserved SC/ST community with the permission of the owner of the land Mohd. Saleem was making a drain then the applicants barged upon them and attacked with wooden sticks and hard and blunt object, pursuant to which injuries were sustained by the first informant and his brother. Learned counsel for the applicants while inviting attention towards page 71, 79 and 82 submits that it is a case of no injury and he further submits that no caste based abuses were hurled and already a civil suit is also pending. He submits that applicants are innocent in this regard and it is a case of false implication. 4. Learned AGA as well as counsel for opposite party no. 2 has forwarded a copy of the case diary being the statement deposed of Mohd. Saleem who also corroborated the said version as contained in the first information report while further deposing that caste based abuses were hurled in public view. He further submits that offences are made out. 5. At this juncture, learned counsel for the applicants submits that applicants shall be preferring a discharge application. In case, such such discharge application is preferred then the same shall be decided strictly in accordance with law. 5. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of granting liberty to the applicants to prefer discharge application before the court below then the same shall be considered with most expeditions strictly as per the law of the land. 6. The case diary is being kept on record and marked as Appendix- A. Order Date :- 4.3.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad