Neutral Citation No. - 2025:AHC:34635 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2727 of 2025 Applicant :- Muzaffar and another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Prasad Dubey Counsel for Opposite Party :- G.A.,Pradip Kumar Rai,Vinay Kumar Jaiswal Hon'ble Vikas Budhwar,J. 1. Heard Sri R.P. Dubey, learned counsel for the applicants as well as Sri Muniraj Mehrotra, learned AGA for the State and Sri Shyam Babu (AOR A/S 0170/2021) holding brief of Sri Vinay Kumar Jaiswal for opposite party No. 2. 2. This an application U/s 482 of the Cr.P.C. filed for quashing the charge sheet No. A28 of 2023 dated 04.02.2023 and also cognizance order dated 16.11.2024 taken by Special Judge SC/ST Act, Kushinagar at Padarauna in Session Trial No. 1101 of 2024 (State Vs. Muzaffar and others), Case Crime No. 16 of 2023, under Sections 323, 504 IPC and 3(1)(da) SC/ST Act, P.S. Khadda, District Kushinagar. 3. Learned counsel for the applicants has submitted that a first information report stood lodged by the opposite party No. 2 against the applicants No. 1 and 2 and two unknown persons relatable to the commission of offences on 14.01.2023 when at 5:00 P.M. in the evening, the opposite party No. 2 along with two daughters Suman and Sheela had gone to their agricultural field then they saw that two unknown persons (accused) who happen to be the son of the applicant No. 1 herein were plucking the sugarcane and on witnessing the same when the same was resisted then the two daughters of the opposite party No. 2 was administered beating and thereafter the applicants herein inclusive of Pintu, owner of a medical shop with the aid of kicks and blows also injured the applicant. Learned counsel for the applicants submits that in the statement under Section 161 of the Cr.P.C. of the opposite party No. 2, a different story stood cooked up as now it has been sought to be deposed that apart from the incident which took place in the sugarcane field on the said day, the applicants came to the fish shop of the opposite party No. 2 and thereafter, administered beating to both the daughters of the opposite party No. 2 and also hurled caste based abuses pursuant whereto resulting to grievous injuries. Learned counsel for the applicants has invited attention of the Court towards page 69/70 of the paper book so as to contend that so far as the injury of Smt. Vidya Devi is concerned, on medical examination, it was found that it was not a fresh injury and that was a semi healed wound scar present in that regard. The submission of the learned counsel for the applicants is that the injuries were sough to be examined on 23.01.2023 relatable to the commission of the offences on 14.01.2023 when the FIR stood lodged on 14.01.2024. Further submission is that the entire story is a planted one just in order to falsely implicate the applicants herein. 4. Learned AGA as well as counsel appearing for opposite party No. 2 submits that once the injuries are found and there happens to be a narration of allegations contained in the first information report then this Court will not interfere, however, it is always open for the applicants to prefer a discharge application taking all the grounds either legal or factual and, in case, such grounds are taken, the same be directed to be decided and till that time interim protection be accorded. 5. Learned counsel for the applicants submits that the applicants shall be filing discharge application. 6. Considering the submissions made across the bar, this Court, at this stage, is not going into the issue as to whether the offences are made out or not, in view of the intervening circumstances, however, as suggested by the counsel for the parties, it would be open for the applicants to prefer a discharge application before the court below. 7. Accordingly, the application stands disposed of granting liberty to the applicants to prefer a discharge application before the Court of Special Judge, SC/ST, Kushi Nagar by 04.04.2025 and the court shall decided the discharge application till 30.04.2025. Till the discharge application is decided, no coercive action shall be taken against the applicants in Session Trial No. 1101 of 2024 (State Vs. Muzaffar and others), Case Crime No. 16 of 2023, under Sections 323, 504 IPC and 3(1)(da) SC/ST Act, P.S. Khadda, District Kushinagar. The interim protection stands available to the applicants only in those contingencies wherein the applicants sticks to the timeline and does not violate any of the conditions or the order passed today. Post decision in the discharge application, it shall always be open for the applicants to take appropriate remedy. 8. Copy of the statement of the medical practitioner is taken on record and marked as Appendix 'A'. Order Date :- 10.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad