Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5728 of 2025 Applicant :- Santosh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Kuldeep 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 summoning order dated 03.07.2023 as well as the entire proceedings of Complaint Case No.55 of 2017 (Shriram vs. Santosh Kumar and Others), under Sections 323, 504, 354 IPC, Police Station-Jahanabad, District-Fatehpur, pending the court of Additional Civil Judge (J.D.)/J.M., Court No.2, Fatehpur. Brief facts of the case are that a complaint has been lodged for the incident dated 23.03.2017 at about 07:00 am, a complaint has been lodged by opposite party no.2 against the applicant in which after recording statements under Sections 200 and 202 Cr.P.C., the applicant has been summoned. Learned counsel for the applicant submits that earlier an NCR has been lodged by Shakuntla wife of Santosh Kumar (applicant herein) against Shriram and others for the incident dated 23.03.2017 at about 07:00 a.m. The present case is nothing but a counterblast to the NCR lodged by other co-accused. Emphasizing upon the police report as annexed at Page 19, he submits that the present case is a Pesh Bandi to the NCR lodged by the applicant, therefore, the proceedings of the case may be quashed as it has been lodged to wreak vengeance. 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 from the NCR, it is clear that the incident of the said date, i.e. 23.03.2017 at about 07:00 a.m. is admitted by the applicant as the applicant has lodged NCR for the same incident. The other contentions are disputed question of fact, which cannot be seen at this stage. 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 applicants submits that applicant 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 applicant 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 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 :- 1.5.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad