Neutral Citation No. - 2025:AHC-LKO:14936 Court No. - 16 Case :- CRIMINAL APPEAL No. - 810 of 2025 Appellant :- Abdul Gani (Abdul Ali In F.I.R.) Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Vivek Pandey,Jagriti Bardhan Rao,Prabhat Narayan Srivastava,Prakash Giri Counsel for Respondent :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the appellant as well as learned A.G.A. for the State. The present appeal has been filed for quashing order dated 21.1.2025 passed by Special Judge (SC/ST Act), district Bahraich summoning the appellants under sections 323, 504, 506, 327, 427 I.P.C., 3(2)5 of SC/ST Act, P.S. Nanpara, district Bahraich, and the entire proceedings of Sessions Case No.78 of 2025. The contention of the counsel for the appellant is that no offence against the appellant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. The disputed defence of the accused cannot be considered at this stage. Moreover, the appellant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court. After hearing the learned counsel for the parties and after perusing the averments made in the present petition, the prayer for quashing the proceedings of the aforementioned case is refused. At this stage, learned counsel for the appellant submits that the appellant may be permitted to move an application for discharge and the same may be decided by the trial court in a time bound manner. Accordingly, it is provided that in case, the appellant moves an appropriate application for discharge before the concerned Court below within a period of fifteen days from today, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the concerned Court below preferably within a period of one month thereafter. In case no such application is filed within a period of fifteen days from today, as prescribed above, the benefit of present order shall not be available to the appellant. With the aforesaid directions, this appeal is finally disposed of. Order Date :- 11.3.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench