Neutral Citation No. - 2025:AHC:76738 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 9325 of 2025 Applicant :- Anul @ Anil Kumar Shakya And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey,Phool Chandra Saroj Counsel for Opposite Party :- G.A.,Prashant Shukla Hon'ble Mrs. Manju Rani Chauhan,J. 1. Compliance Affidavit, filed by learned A.G.A., is taken on record. 2. Heard learned counsel for the applicants, Sri Amit Singh Chauhan, learned A.G.A.-I for the State, Sri Prashant Shukla, learned counsel for O.P. No. 2 and perused the record. 3. The applicants have moved the instant application challenging the cognizance / summoning order dated 24.01.2025 passed by Additional District & Sessions Judge/ Special Judge SC/ST Act, Mainpuri, charge-sheet dated 30.11.2024 and the proceedings of S.T. No. 6 of 2025, arising out of Case Crime No. 248 of 2024, under Sections 191(2), 115(2), 352, 351(2), 333, 117(2) B.N.S. & Section 3(2), VA SC/ST Act, P.S. Kurra, District Mainpuri. 3. Learned counsel for the applicants submits that for an incident dated 19.10.2024 a first information report has been lodged on 30.10.2024, which is after about 12 days delay without giving any plausible explanation for the same. Placing the medical report, he further submits that the injuries are simple in nature. From the version of FIR as well as statements of charge-sheet witnesses, no offence under the relevant sections is made out as no caste indicative words have been used. 4. Opposing the aforesaid, learned A.G.A. as well as learned counsel for O.P. No. 2 submit that from the medical report it is clear that for the incident dated 19.10.2024 the injured was medically examined on 20.10.2024, wherein one of the injured has got fracture in wrist/ 5th metacarpal, therefore, and duration of the injury is one day old, therefore, the incident is proved. As regards the submission that application was given on 20.10.2024, for which delayed FIR has been lodged, therefore, there is no fault on the part of the O.P. No. 2 for the delay occurred in lodging of FIR. Insofar as the submission made for the offence under the provisions of the Scheduled Castes and the Scheduled Tribes Act, 1989, the applicants have been summoned under Section 3(2)Va of the Act, 1989, therefore, from the version of the FIR as well as statements of charge-sheet witnesses the applicants had knowledge that the O.P. No. 2 and injured belong to Scheduled Caste category, therefore, it can be said that the offence under Section 3(2)Va of the Act, 1989 is made out. 5. Learned A.G.A. has drawn attention of the Court to Page-109 of the petition, wherein the Writ Court while disposing of Criminal Misc. Writ Petition No. 21331 of 2024 (Pappu alias Gautam Shakya and 6 others v. State of U.P. and 2 others), had made it clear that the provisions of Section 35 of the Bhartiya Nagrik Suraksha Sanhita, 2023 be complied with. It is admitted case that the applicants have not appeared before the court below, therefore, they are not entitled for any relief. 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. Having considered submissions of learned counsel for the parties the present application is being disposed of with a direction that the applicants may approach the court concerned to file discharge application within three weeks, which shall be decided by the court concerned, in accordance with law, within a period of one month. 8. For the period of one month from today or till the discharge application is decided, whichever is earlier, no coercive action shall be taken against the applicants. 9. The present application stands disposed of accordingly. 10. 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 without being influenced by any observation made in this order. Order Date :- 12.5.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad