Neutral Citation No. - 2025:AHC:80802 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 8499 of 2025 Applicant :- Banshidhar Pandey Alias 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Ram Dubey Counsel for Opposite Party :- Chandra Kant Tripathi, Raman Pandey,G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard counsel for the applicants and learned A.G.A. for the State. 2. Counsel for the applicants submits that an FIR has been lodged on 25.12.2022 at 14:35 hours under Sections 323, 147, 352, 504, 506 I.P.C. and Section 3(1)(Da), 3(2)(va) of SC/ST Act against the applicants with the allegation that they entered the house of opposite party no.2 on 24.12.2022 using caste abusive language have assaulted all family members of opposite party no.2 in which they sustained injuries. After investigation, charge-sheet has been submitted. Counsel for the applicants further submits that for some dispute regarding the demarcation, first the opposite party no.2 entered into settlement, but later when some application made by opposite party no.2 was dismissed, the present case has been lodged to falsely implicated the applicant and to exert pressure upon them. He further submits that even if it is presumed that the caste abusive words were used inside the house of opposite party no.2, then no offence under the SC/ST Act can be made out. 3. On the other hand, counsel for opposite party no.2 submits that twelve persons including the family members of opposite party no.2 have sustained injuries. However, he could not dispute the fact that the incident has taken place inside the house of opposite party no.2, therefore, no offence under the SC/ST is made out. 4. 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 in accordance with law. 5. Considering the facts and circumstances of the case, it is hereby provided that if the applicants move an application for discharge before the court concerned within three months 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 of making of discharge application without granting any adjournment in the matter. 6. Until the disposal of application for discharge, if moved by the applicants, no coercive measure shall be taken against the applicants pursuant to Sessions Trial No.573 of 2024 (State Vs. Banshidhar Pandey and others), under Sections 323, 147, 352, 504 and 506 I.P.C. and Section 3(1)(Da), 3(2)(5A) of SC/ST Act, Police Station Kotwali, District Basti. 7. 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 they have come with a bonafide prayer for discharge and if they fail to move an appropriate application as directed hereinabove, the interim protection shall stand vacated and the court below shall proceed against the applicants in accordance with law. 8. With the aforesaid observations and directions, the present 528 BNSS application is disposed of. Order Date :- 15.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad