Neutral Citation No. - 2025:AHC:72285 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5773 of 2025 Applicant :- Devkaran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.,Ravi Prakash Srivastava And Case :- APPLICATION U/S 528 BNSS No. - 6539 of 2025 Applicant :- Arti And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Sri Prashant Kumar Singh, learned counsel for the applicants, Sri P.K. Singh, learned Brief Holder for the the State and perused the record. 2. Aforementioned applications have been preferred by the applicants challenging charge-sheet dated 27.04.2024, cognizance and summoning order dated 24.10.2024 passed by A.C.J.M. 17th Etah in Criminal Case No. 19422 of 2024, State v. Devkaran & others), arising out of Case Crime No. 120 of 2023, under Sections 452, 504, 506, 307 IPC against applicant in Application U/s 528 BNSS No.5773 of 2025 and under Sections 452, 504 IPC against the applicants in Application U/s 528 BNSS No. 6539 of 2025, Police Station Raja Ka Rampur, District Etah. 3. Brief facts of the case are that a first information report has been lodged by opposite party no. 2 against three named accused persons, who are applicants in the aforementioned applications, with the allegation that on 27.10.2023 at about 04:40 p.m. the alleged accused Devkaran came along with his sister-in-law Arti W/o Harishchandra and Neetu W/o Puneet to the godown of the informant and started knocking on the door, when the O.P. No. 2 did not open the door, he managed to get inside with the support of wall and climbed on the roof, from where he abused the informant. He shot the informant using illegal weapon but somehow informant managed to save himself. After investigation, charge- sheet has been submitted and the applicants have been summoned by the court concerned. 4. Learned counsel for the applicants submits that the FIR has been lodged with false and frivolous allegations due to ulterior motive. There are general allegations in the FIR. It is a no injury case. Emphasizing upon an order dated 04.10.2023 passed by a Division Bench of this Court in Writ-C No. 32213 of 2023, Smt. Poonam and another v. State of U.P. and others, he further submits that it is a dispute regarding godown, due to which the applicants have been falsely implicated. Copy of said order has been brought on record as Annexure-8 to the application. 5. Learned A.G.A., on the other hand, submits that from the order passed by the Division Bench in Smt. Poonam (supra), it is clear that by order dated 04.05.2023 possession of the disputed land was directed to be handed over to the informant's side (petitioners in the said writ petition) after removing its seal. Thus, once when the possession has already been handed over in favour of the informant, there was no occasion to falsely implicate the applicants. The story as narrated in the FIR appears to be true as the applicants have tried to create disturbance in the possession of the informant. 6. In view of the above, no interference is called for. The prayer for quashing the impugned charge-sheet and cognizance order is refused. 7. Learned counsel for the applicants requests that the applicants may be permitted to file discharge application with some protection. 8. The present application is disposed with liberty to the applicants to file discharge application within three weeks from today, which shall be decided by the court concerned within six weeks from the date of its filing. Till the disposal of discharge application or for a period of six months from its filing, whichever is earlier, no coercive action shall be taken against the applicants in the present. 9. Needless to say that in case the applicants fail to file discharge application within three weeks from today, the interim protection being granted herein shall automatically come to an end and the court concerned would be at liberty to proceed against the applicants in accordance with law. 10. Accordingly, both the above-mentioned applications stand disposed of. Order Date :- 6.5.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad