Neutral Citation No. - 2025:AHC:33696 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 6601 of 2025 Applicant :- Chhote Lal Gaur @ Shyam Narayan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri V.K. Singh, learned counsel for the applicant, Shri Moti Lal, learned A.G.A. appearing on behalf of the State- respondent. 2. This application has been filed u/s 528 BNSS for quashing the charge sheet no. 01 dated 25.09.2021 submitted under Sections 324, 308 IPC as well as the entire criminal proceedings of case no. 18652 of 2022 (State vs. Chhote Lal Gaur alias Shyam Narain) arising out of Case Crime no. 67 of 2021 U/s 324, 308 IPC, P.S. Chauri Chaura, District Gorakhpur as well as cognizance/ summoning order dated 26.05.2022 pending in the court of Additional Chief Judicial Magistrate-Ist, Gorakhpur. 3. Learned counsel for the applicant submits that as per the F.I.R. being F.I.R. No. 67, stood lodged under Sections 324, 308 IPC on 09.03.2021 relatable to the commission of offence on 08.03.2021 with an allegations that on 08.03.2021 the son of the first informant at 8:30 in the night was attacked with a pointed knife and his private part was cut. Learned counsel for the applicants submits that a charge sheet also submitted by the I.O. U/s 324 & 308 IPC. He further submits that first of all from the statement of the injured, it is apparent from page-39 of the affidavit that due to certain ceremonial functions which was going on that day without there being any intention the applicant had pushed the injured on account of which he fell on the iron rod and sustained injuries. He submits that the charge sheet could not have been submitted U/s 308 IPC particularly when the ingredients of Section 308 IPC be attempt to commit culpable homicide are lacking and further Section 324 IPC would also not come into play since it was not a case of voluntary causing heart by dangerous weapons or means. He submits that the applicant shall be file a discharge application before the court below. 4. Learned AGA on the other hand submits that though injuries have been sustained but the applicant may take his plea regarding non application of the provision of Section 308 and 324 IPC while filing a discharge application. 5. Having heard the arguments made across the bar, this Court is of the opinion that the legal contention were sought to be raised that the by the applicant can very well be taken before the court below by filing a discharge application taking all legal grounds which are permissible and admissible under the law and in case such a proceedings put to service, then the court shall decide the same with most expeditiously. 6. In view of the above, the application stands disposed of. Order Date :- 7.3.2025 C. MANI ( Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad