Neutral Citation No. - 2025:AHC:23916 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4848 of 2025 Applicant :- Ashok Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aamir Nizam,Shabana Nizam Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shabana Nizam, learned counsel for the applicant and Sri S.K. Singh, learned A.G.A. for the State. 2. In view of the order, which is being proposed to be passed today, notices are not being issued to the opposite party No. 2. 3. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Complaint Case No. 226 of 2021 (Urmila Vs. Amir Ahmad and others) under Sections 323, 504, 506 IPC and Section 3 (1) (da), 3 (1) Dha, 3 (2) Va of SC/ST Act, District Varanasi pending before the court of learned Special Judge/ Exclusive Judge SC/ST Act, Varanasi. 3. Learned counsel for the applicant submits that by virtue of the order dated 11.04.2022, the court below had issued summons to the applicant under Sections 323, 504, 506 IPC and Section 3 (1) (da), 3 (1) Dha, 3 (2) Va of SC/ST Act, however, according to the applicant, applicant himself belongs SC/ST category, reference has been made to para 17 (Annexure-7 page 47 of the paper book being a certificate. Submission is that no offence under SC/ST Act stands made out. At this juncture, learned counsel for the applicant as per the instructions received from the client submits that the applicant shall be filing of a discharge application seeking discharge in the light of the aforesaid fact and the court below be directed to decide with most expedition. 4. Learned AGA on the other hand submits that he has no objection to the same. 5. Accordingly, the interference to the charge-sheet is declined. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of granting liberty to the applicant to prefer appropriate proceedings before the court below which is permissible and maintainable under law and in case, such proceedings are preferred then the Court has no reason to disbelieve then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 18.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad