Neutral Citation No. - 2025:AHC:71709 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 6055 of 2025 Applicant :- Abdulla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Rajesh Kumar, learned counsel for the applicant, learned AGA for the State and perused the record. This application has been filed by the applicant with a prayer to quash the charge sheet dated 06.06.2024 as well as the entire proceedings of Sessions Case No.232 of 2024, arising out of Case Crime No.191 of 2024, under Sections 323, 504, 506 IPC and Section 3(1)(da), 3(1)(dha) and 3(2)va of SC/ST Act, Police Station-Raunapar, District-Azamgarh, pending before the court of Special Judge (SC/ST Act), Azamgarh and further prayed that stay the further proceedings of the aforesaid case. Brief facts of the case are that an FIR has been lodged on 11.05.2024 at about 13:34 hrs against the applicant with the allegation that on 10.05.2024 at about 12:00 p.m., regarding theft of pipe, there was some dispute between the opposite party no.2 and the applicant along with three unknown persons, wherein they abused and assaulted the opposite party no.2 with lathi, danda, hand and fists, due to which he sustained injuries. After investigation, the charge sheet has been submitted on 06.06.2024. Pursuant to which the applicant has been summoned. Thus, the present petition has been filed. Learned counsel for the applicant submits that for the incident dated 10.05.2024, the FIR has been lodged on 11.05.2024 after a delay of about one day without giving any plausible explanation for the same. He further submits that offence under SC/ST Act is not made out against the applicant as no caste indicative words has been specified. It is a petty dispute between the parties for which in order to exert pressure upon the applicant, the present case has been lodged. He further submits that no offence under the relevant sections has been made out against the applicant and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. Per contra, learned AGA submits that the opposite party no.2 has sustained injuries, therefore, the incident cannot be denied. He further 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 applicant, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 BNSS. After advancing his arguments at some length, learned counsel for the applicant submits that applicant want to apply for discharge at this stage and they may be permitted to move appropriate application for discharge under BNSS. Considering the facts and circumstances of the case, it is hereby provided that if the applicant move an application for discharge before the concerned Court below within three weeks 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 two months 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 applicant in the aforesaid case. However, it is made clear that this relief is a one time measure being afforded to the applicant 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 application is disposed of. Order Date :- 5.5.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad