Neutral Citation No. - 2025:AHC-LKO:34237 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4260 of 2025 Applicant :- Boni Singh @ Vivek Pratap Singh Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy./Chief Secy. Home Lko. And Another Counsel for Applicant :- Arpan Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J. 1. Heard learned counsel for applicant, learned A.G.A. for the State and perused the material available on record. 2. By means of the present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.), the applicant has sought following prayer:- "to quash the summoning order dated 30.01.2021 passed by learned Special Judge (SC/ST Act), Faizabad in Special Sessions Trial No. 28 of 2021 arising out of Case Crime No. 367 of 2020, under Sections 323, 504 & 506 IPC and Section 3 (2) (v a) of the SC/ST Act, Police Station Kotwali Nagar, District Ayodhya." 3. Learned counsel for applicant has submitted that impugned FIR has been lodged by opposite party no. 2 in Case Crime No. 367 of 2020, under Sections 323, 504 & 506 IPC and Section 3 (2) (v a) of the SC/ST Act, Police Station Kotwali Nagar, District Ayodhya is in counter to the incident with the applicant, in regard to which, an FIR has been lodged by him vide Case Crime No. 0367 of 2022 under Sections 323, 504 & 506 IPC and Section 3 (2) (v a) of the SC/ST Act. The FIR has been lodged by the applicant with delay on account of fracture suffered by the applicant in hand. 4. He further submits that the allegations of Section 3 (2) (v a) of the SC/ST Act are not made out against the applicant, which is apparent from the FIR as the allegations are not in full public view but without considering it and material on record, the charge sheet has been filed against the applicant. Thus the impugned summoning order as well as proceedings of trial are liable to be set aside. 5. Learned A.G.A. for the State though has opposed the submissions of learned counsel for applicant but could not dispute the aforesaid fact and submits that the applicant may file application for discharge before the trial court, which can be considered by the trial court on the basis of material on record but the proceedings cannot be quashed at this stage. 6. Having considered the submissions of learned counsel for parties, and on perusal of the documents placed on record, the proceedings cannot be quashed at this stage. However, in the facts and circumstances of the case the application for discharge can be moved by the applicant on the basis of material available on record. It is also to be considered as to whether there is any connection between the two incidents in regard to which the FIR has been lodged by the applicant, though with delay. 7. In view of the above, this application under Section 482 Cr.P.C. is disposed of with liberty to the applicant to move an application for discharge before the court concerned through counsel taking all pleas available to him. In case the application for discharge is filed within two weeks from today, the same shall be disposed of expeditiously and preferably within a period of three months thereafter. 8. Till disposal of the application for discharge, no coercive measure shall be taken against the applicant. However, in case the application is not moved within two weeks from today, the applicant shall not be entitled for any benefit of this order. . (Rajnish Kumar, J.) Order Date :- 2.6.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench