HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL APPEAL No. - 2704 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard Sri Raj Karan Singh, learned counsel for the appellant, learned AGA for the State and perused the record. Instant criminal appeal under Section 14-A(1) of SC/ST Act has been filed with the prayer to quash the chargesheet No. 02 dated 20.04.2025 and summoning order dated 09.06.2025 passed by learned Special Judge SC/ST Act, Gonda in ST No. 836 of 2025; State Vs. Surendra Mishra, arising out of Case Crime No. 930 of 2024, under Sections 74, 62(2)m, 352, 351(3) of BNS, 2023 and Sections 3(1)(Da) (Dha) of SC/ST Act, Police Station Kotwali Nagar, District Gonda. It is contended by learned counsel for the appellant that the appellant is innocent and he has falsely been implicated in this case. He submits that the appellant was not present on the site of offence, as he was about 500 kilometers away from there. Further submission is that the statements of the victim, recorded under Sections 180 and 183 of BNSS, are contradictory. He also added that when the First Information Report was lodged, the appellant filed a writ petition bearing Crl. Misc. Writ Petition No. 1729 of 2025, wherein his arrest was stayed. He further submits that the prosecutrix herself had denied for medical examination, which is evident from the medical report itself. Adding his argument, he submits that the alleged prosecutrix called the present appellant about 200 times, on Versus Counsel for Appellant(s) : Raj Karan Singh Counsel for Respondent(s) : G.A. Surendra Mishra .....Appellant(s) State Of U.P. Thru. Addl. Chief Secy. Home Govt. Lko. And 2 Others .....Respondent(s) telephone, which clearly shows the consensual relationship between the parties. After arguing at some length, learned counsel for the appellant submits that interest of justice would be sub-served, if this Court directs the court below to permit the appellant to appear before the court below and file an application for 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 appearing for the State has no objection to the aforesaid submissions. In view of aforesaid, the appellant is permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be considered and decided within a further period of 30 days, considering the abovesaid submissions of learned counsel for the applicant, strictly in accordance with law. With the aforesaid observation, the instant appeal is disposed of. August 29, 2025 kkv/ CRLA No. 2704 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench