Neutral Citation No. - 2025:AHC:70888 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 6972 of 2025 Applicant :- Shainky Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Office report dated 26.03.2025 indicates that notice upon opposite party no. 2 has been personally served as per report of C.J.M., Ghaziabad. Accordingly, service of notice upon opposite party no.2 is sufficient. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. This application U/S 528 BNSS has been filed to quash the charge-sheet dated 29.11.2024, cognizance/ summoning order dated 13.12.2024 passed by learned Special Judge (SC/ST Act)/ Additional District & Sessions Judge, Ghaziabad as well as entire proceedings of S.S.T. No. 3010 of 2024 (State Vs. Shainky), arising out of Case Crime No. 165 of 2024, under Sections 352, 115(2) BNS and 3(2)(va) & 3(1)(r) SC/ST Act, Police Station Niwari, District Ghaziabad, pending in the Court Special Judge (SC/ST Act), Ghaziabad. 4. Brief facts of the case are that an F.I.R. was lodged by opposite party no.2 with the allegation that on 05.10.2024 at about 8:30 P.M. that the applicant was beating one Boby. Opposite party no.2 intervened and asked as to why he was beating Boby. On the aforesaid, the applicant used caste indicative words against the opposite party no.2 and started beating him, due to which blood started coming from his ears and he also stopped speaking. After investigation, charge-sheet has been submitted and learned Magistrate summoned the applicant to face trial. 5. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case due to enmity. He further submits that there is nothing on record to show that the applicant already knew that opposite party no.2 belongs to special category. There is no direct evidence against the applicant. He pointed out certain documents and statements in support of his contention. He, therefore, submits that the charge-sheet, cognizance order as well as entire proceedings be quashed by this Court as the same is an abuse of process of law. 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. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. 6. On the other hand, learned counsel for opposite party no.2 as well as learned A.G.A. for the State submits that from the statement of the opposite party no.2 and other witnesses the incident dated 05.10.2024 at about 8:30 P.M. is said to have occurred in which injuries have been sustained by the opposite party no.2. However, they could not dispute the fact that there is no evidence with respect to behaviour of the applicant in such a manner, knowing that opposite party no.2 belongs to a special category. They further submit 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 applicant. 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. 7. After advancing his arguments at some length, learned counsel for the applicant submits that applicant wants to apply for discharge at this stage and he may be permitted to move appropriate application for discharge under the Code of Criminal Procedure. 8. 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 one month 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. 9. 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. 10. 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 they have come with a bona fide prayer for discharge and if he fails 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. 11. With the aforesaid observations and directions, the present 528 BNSS application is disposed of. Order Date :- 1.5.2025/Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad