Neutral Citation No. - 2025:AHC:91086 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 6194 of 2025 Applicant :- Ankit And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kesarwani,Nitin Mukesh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard learned counsel for the applicants, Sri Mayank Awasthi, learned Brief Holder for the State and perused the record. 2. The applicants have moved the instant application challenging the charge sheet dated 16.11.2022, cognizance / summoning order dated 03.07.2023 passed in Criminal Case No. 36 of 2023, State v. Ankit & others, arising out of Case Crime No. 150 of 2022, under Sections 323, 452, 504 IPC, P.S. Azeemnagar, District Rampur. 3. Brief facts of the case are that a first information report has been lodged against four named and two unknown accused persons on 11.06.2022 at 20:48 hours, under Sections 504, 323, 452, 149, 148, 147 IPC with the allegation that on 09.10.2019 at about 1:00 p.m. to 1:30 p.m. all the accused persons alongwith two unknown persons forcefully entered the informant's house with a country- made pistol, lathi-danda. They allegedly abused and hit the O.P. No. 2 with the butt of country-made pistol as well as lathi and danda, due to which he sustained serious injuries. Upon, hearing the noise, son of O.P. No. 2 Roop Kishore, Naresh and his wife came for his rescue. It has also been alleged that some person gave information to the police, who reached on the spot where they caught hold of Ankit (applicant no.1). Other accused persons ran away. After getting himself medically examined, present FIR has been lodged. After investigation charge-sheet has been submitted and the applicants have been summoned. 4. Learned counsel for the applicants submits that the present FIR has been lodged with false and frivolous allegations as there is some monetary dispute between the parties. Emphasizing upon the statement of Ved Prakash, he submits that O.P. No. 2 used to take material from the shop of applicants, who are shopkeepers and regarding some differences in prices of soap, there was some altercation between them, after which the present incident took place. He further submits that medical has been conducted, in which all the injuries are said to be simple in nature except injury no. 2, for which x-ray was advised, but the O.P. No. 2 has not got any x-ray conducted in order to prove the case against the applicants. He next submits that from the statements of O.P. No. 2, it is clear that the first informant entered into compromise with the applicants before the police personnel, however, in order to extract money, he has lodged the present case and did not abide by the terms and conditions of the compromise and proceeded to lodge the FIR. Several other submissions have been made on behalf of the applicants to demonstrate falsity of the allegations made against them. Allegations as levelled against the applicants are false, hence the proceedings may be quashed. 5. Learned A.G.A., on the other hand, submits that from the version of first information report and the statements of charge- sheet witnesses, it is clear that the allegations levelled against the applicants are correct. It is next contended by learned counsel for the State that other contentions raised by the applicant's counsel relate to disputed questions of fact, which may not be taken into consideration by this Court under the present jurisdiction. 6. On the aforesaid submission, learned counsel for the applicants submits that the applicants may be permitted to file discharge application with some protection. 7. After arguing the matter at length, learned counsel for the applicants submits that the applicants may be permitted to file discharge application with some protection. 8. In view of the aforesaid, the prayer sought for by means of present application is refused. However, it is provided that the applicants may approach the court concerned to file discharge application within three weeks from today, which shall be decided by the court concerned, in accordance with law, within a period of two months. 9. For the period of two months from today or till the discharge application is decided, whichever is earlier, no coercive action shall be taken against the applicants. 10. The present application stands disposed of accordingly. 11. Needless to say that in case the applicants do not file discharge application within the stipulated time, the protection being granted herein shall come to an end automatically and the court concerned would be at liberty to proceed against the applicants in accordance with law without being influenced by any observation made in this order. Order Date :- 28.5.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad