Neutral Citation No. - 2025:AHC:18734 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 3944 of 2025 Applicant :- Pankaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Sunil Kumar Pathak, learned counsel for the applicant and Sri Moti Lal, learned A.G.A., who appears for the State. 2. This is an application preferred under Section 482 CrPC by the applicant for quashing the entire proceedings of Case No.118 of 2024, arising out of Case Crime No. 102 of 2024, under Sections 115(2), 191 (2), 352 of B.N.S. and 3(1) Da, 3(1)Dha and 3(2)(va) of SC/ST Act, P.S. Ramraj, District Muzaffar Nagar, pending in the court of ADJ 2nd/Special Judge, SC/ST Act, Muzaffar Nagar. 3. Learned counsel for the applicant submits that the allegations contained in the FIR are totally false and incorrect and they have been reflected in the FIR just in order to implicate the applicant. Further it is a case wherein not only caste-based abuses were hurled, but also injuries were also inflicted and the injury report at page-20 and 21 reflects that injuries were sustained by the injured. 4. Learned A.G.A as well as counsel for the victim submits that the allegations explicitly points out the commission of offence. He further submits that factual enquiry cannot be gone into in the present proceedings. 5. Having heard learned counsel for the parties and after perusing the record, this Court is of the opinion that factual issues cannot be gone into the proceedings under Section 482 of the CrPC particularly, when the trial has not commenced, in the background of the dictum in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others, AIR 2021 SC 1918. 6. In view of the same, this Court declines to interfere in the present proceedings. 7. The application is accordingly dismissed. At this stage, learned counsel for the applicant submits that a direction be issued for consideration of the bail. 8. This Court has no reason to disbelieve that in case applicant moves appropriate proceedings before the court below for enlargement of bail, then the same may be decided with most expedition in accordance with the law of the land. Order Date :- 10.2.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad