Neutral Citation No. - 2025:AHC:45730 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5382 of 2025 Applicant :- Anil Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankit Saran,Ram Murti Yadav,Rohan Gupta Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the applicants, Mr. Mayank Awasthi, learned A.G.A. for the State and perused the records. This application U/S 528 BNSS has been filed on behalf of the applicants to quash the charge-sheet dated 04.07.2024, cognizance order dated 04.11.2024 as well as the entire proceedings of Case Crime No. 0165 of 2024, under Sections 354B, 323, 504, 506, 308 and 452 I.P.C., Police Station Bilariyaganj, District Azamgarh. Brief facts of the case are that an F.I.R. has been lodged by opposite party no.4 against four named persons with the allegations that on on 15.05.2024 at about 6 A.M. opposite party no.2 along with her husband Nankooram and son Sanjay Kumar had gone to irrigate the field. The accused Anil Kumar reached there and tried to catch hold of her hand and started pulling her inside the tubewell with bad intention. When she protested, he tore her clothes and threw her on the ground. When she raised an alarm, her husband and son reached there. The other co-accused also reached there and assaulted the opposite party no.2, her husband and son with lathi and danda, in which they sustained injuries. After investigtion, charge-sheet has been submitted and learned Magistrate has taken cognizance under Sections 354B, 323, 504, 506, 308 and 452 I.P.C. Learned counsel for the applicants submits that the F.I.R. has been lodged under Sections 354B, 323, 504 and 506 I.P.C. and in the charge-sheet Section 308 and 452 I.P.C. has been added. He further submits that from the version of the F.I.R. as well as statement of the informant under Section 161 Cr.P.C. there are major variations, which go to show that the applicants have been falsely implicated in the present case. He next submits that even the injuries sustained by opposite party no.2 and her family members are simple in nature for which offence under Section 308 is not made out. There is no direct evidence against the applicants. He pointed out certain documents and statements in support of his contention. He, therefore, submits that the charge-sheet, cognizance order as well as entire proceedings be quashed by this Court as the same is an abuse of process of law. He further submits that no offence under the relevant sections has been made out against the applicants and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He also submits that all the contentions raised by the applicant's counsel relate to disputed questions of fact. Per contra, learned AGA submits that from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant at this stage. All the submissions made by the counsel for the applicants, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. After advancing his arguments at some length, learned counsel for the applicants submits that applicants want to apply for discharge at this stage and they may be permitted to move appropriate application for discharge under the Code of Criminal Procedure. Considering the facts and circumstances of the case, it is hereby provided that if the applicants move an application for discharge before the concerned Court below within one month from today along with a certified copy of this order, the same shall be considered and decided in accordance with law by means of a reasoned and speaking order, preferably within a period of one month from the date making of discharge application without granting any adjournment in the matter. For the period of two months from today or till disposal of application for discharge, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. However, it is made clear that this relief is a one time measure being afforded to the applicants so far the interim protection is concerned as he has come with a bona fide prayer for discharge and if they fail to move an appropriate application as directed herein above the interim protection shall stand discharged and the court below shall proceeded in accordance with law. With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of. Order Date :- 2.4.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad