Neutral Citation No. - 2025:AHC-LKO:19499 Court No. - 29 Case :- CRIMINAL APPEAL No. - 1048 of 2025 Appellant :- Anil Kumar Shukla And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Raj Kumar Mishra,Vinay Mishra Counsel for Respondent :- G.A. Hon'ble Shree Prakash Singh,J. Vakalatnama filed today by Mr. Sarjoo Ram, Advocate on behalf of the opposite party no. 2 is taken on record. Heard learned counsel for the appellants, Mr. Sarjoo, learned counsel for the opposite party no. 2 and learned A.G.A. for the State as well as perused the record. Instant appeal under Section 14-A(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been filed with prayer to quash the impugned order dated 17.1.2025 passed by the court of Special Judge, S.C./S.T. Act, Pratapgarh along with charge-sheet dated 28.8.2024 as well as the entire proceedings arising out of Case Crime No. 136 of 2024, under Sections 115(2), 352, 351(3) B.N.S. & Section 3(1) (da), 3(1)(dha), 3(2)(Va) of S.C./S.T. Act, P.S.- Sangipur, District- Pratapgarh. Learned counsel appearing for the appellants submits that there is no evidence at all against the appellants and only on the basis of statement recorded by the police under Section 161 of Cr.P.C., the whole proceeding has been initiated and charge- sheet has been filed. He added that the criminal proceedings against the present appellants is nothing but harassment. On the other hand, learned counsel appearing for the State has opposed the contentions aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 14-A(1) of S.C./S.T. Act and thus, the appeal is liable to be dismissed. After the argument at length, learned counsel for the appellants submits that interest of justice would be sub-served, if this Court directs the court below to permit the appellants to appear before the court below and file an application of discharge. He further submits that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. Learned AGA for the State has no objection to the aforesaid submissions. In view of aforesaid, the appellants are permitted to file an application for discharge before the court below within a period of two weeks from today if the same has not been filed earlier, the same shall be decided within a further period of 45 days, strictly in accordance with law. With the aforesaid observation, the appeal is disposed of. Order Date :- 7.4.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench