Neutral Citation No. - 2025:AHC-LKO:48348 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6700 of 2025 Applicant :- Hari Ram Singh Opposite Party :- Smt. Lusura And Another Counsel for Applicant :- Rajendra Prasad Mishra,Aditya Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. Present application has been filed by the applicants for the following main relief:- "WHEREFORE, it is most humbly prayed that the entire criminal proceeding of Criminal Complaint arising out of Sessions Case No. 134/22 Smt. Lusura Vs. Hari Ram Singh, pending in the Court of Special Judge, SC/ST Act, Gonda including the Summoning Order dated 15/02/2024 by which the Petitioner has been summoned under Section 323, 504 I.P.C., and 3(1) Da, Dha of SC/ST Act be quashed. It is further prayed that the further criminal proceeding of Criminal Complaint arising out of Sessions Case No. 134/22 Smt. Lusura Vs. Hari Ram Singh, pending in the Court of Special Judge, SC/ST Act, Gonda including the Summoning Order dated 15/02/2024 by which the Petitioner has been summoned under Section 323, 504 I.P.C., and Section 3(1) Da, Dha of SC/ST Act, be stayed. It is also prayed that during the pendency of this Petition in this Hon'ble Court, the effect and implementation of the Summoning Order dated 15/02/2024, contained as Annexure No.5 to the Memo of Petition may kindly be stayed." 3. Learned counsel for the applicant stated that if the allegations are believed then Section 115(2) B.N.S. (akin to Section 323 I.P.C.) would be attracted and any penal provisions of the S.C./S.T. Act would not be attracted. In this regard reliance has been placed upon the judgment of the Hon'ble Apex Court in the case of Khuman Singh vs. State of Madhya Pradesh; AIR 2019 SCC 4030; Hitesh Verma vs. State of Uttarakhand and Another; AIR 2021 SC (Criminal) 522 as also the judgment dated 15.05.2024 passed by this Court in APPLICATION U/S 482 No.- 9000 of 2024 (Alka Sethi And Another vs. State of U.P. And 4 Others) and APPLICATION U/S 482 No.- 5607 of 2024 (Ram Nath Yadav vs. State of U.P. And Another), 4. Considering the aforesaid, the present application is disposed of with liberty to the applicant to prefer an application seeking discharge before the concerned court who shall consider and decide the same by a reasoned and speaking order expeditiously preferably within a period of three months after considering the judgments passed on the issue related to offence under SC/ST Act including the judgments referred above. Order Date :- 18.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench