Neutral Citation No. - 2025:AHC:48689 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5643 of 2025 Applicant :- Shahana And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. This application U/S 528 B.N.S.S. has been filed to quash the impugned Charge Sheet No.124/2024 dated 10.04.2024 along with Cognizance order dated 11.07.2024 and Bailable Warrant dated 17.01.2025 passed by learned Additional Chief Judicial Magistrate, Court No.10, Azamgarh in Case No.7925 of 2024 (State vs. Islam & Others), arising out of Case Crime No.105 of 2024, under Sections 323, 504 and 506 I.P.C., Police Station- Deogaon, District- Azamgarh. Brief facts of the case are that an FIR has been lodged on 18.03.2024 against four named accused including the applicants with the allegations that the informant/opposite party no.2 is an auto rickshaw driver, who on 18.03.2024 at about 1 O'clock, stopped the auto rickshaw near the fruit shop of the alleged accused in order to allow the passengers to get down from the auto rickshaw. The alleged accused persons seeing the auto rickshaw, asked him not to stop in front of the shop and started abusing the opposite party no.2 and assaulted him due to which he sustained injuries. It has further been alleged that the shop is on the road and encroachment is there on the part of the alleged accused persons. It is very difficult for the movement of the vehicles in that area. Frequently, there is dispute in this regard between the vehicles/auto rickshaw drivers and the alleged accused persons. It is further alleged that the informant is a poor person who earns his livelihood by driving auto rickshaw. After investigation, charge sheet has been submitted and the applicants have been summoned. Learned counsel for the applicants submits that the FIR has been lodged with false and frivolous allegations. The applicants are ladies who are earning their livelihood by running the fruit shop there. He further submits that in order to discharge the applicants from that area, the present FIR has been lodged. The Investigating Officer has recorded only the statements of the informant and interested witnesses and submitted the charge sheet, apart from which there is no other evidence to prove the incident. The injuries as sustained by the informant are simple in nature. There is no fracture as per the x-ray report also and the simple injuries are manufactured. He further submits that no offence under the relevant sections have been made out against the applicants and the present prosecution has been instituted with a mala fide intention for the purpose of causing harassment. Per contra, learned A.G.A. for the State on the other hand submits that the injuries are of the same date wherein four persons have abused and assaulted the opposite party no.2 for no reason. He further contends that there is no illegality in the summoning order and the charge sheet has been submitted after proper investigation. 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 applicants at this stage. All the submissions made by the counsel for the applicants, relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 B.N.S.S. 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 B.N.S.S. 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 two 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 one month from the date making of discharge application without granting any adjournment in the matter. For the period of two months or till the disposal of application for discharge, if moved by the applicants, whichever is earlier, no coercive measure shall be taken against the applicants pursuant to the criminal proceedings in question. 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 528 B.N.S.S. application is disposed of. Order Date :- 5.4.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad