Neutral Citation No. - 2025:AHC:61873 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 10536 of 2025 Applicant :- Zubaid Alias Tinku Opposite Party :- State of U.P. and Another Counsel for Applicant :- Parvez Alam,Shamshad Alam Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge sheet dated 30.12.2021 and cognizance / summoning order dated 17.05.2023 as well as the entire proceedings of Special Session Trial No.292 of 2023, arising out of Case Crime No.368 of 2021, under Sections 354, 504, 506 IPC and Section 3(2)(va) of SC/ST Act, Police Station-Phoolpur, District-Allahabad, pending the court of Special Judge (SC/ST Act), Allahabad and further prayed that stay the further proceedings of the aforesaid case. Learned counsel for the applicant submits that the present FIR has been lodged with false and frivolous allegations against the applicant. The applicant was friendly with daughter of opposite party no.2 and when they had gone together and the opposite party no.2 noticed them, the victim under pressure of her mother has given the statements, wherein there are variations in her statements U/s 161 and 164 Cr.P.C. He further submits that no offence under the relevant sections has been made out against the applicants and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. Per contra, learned AGA submits 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 at this stage. All the submissions made by the counsel for the applicants, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. After advancing his arguments at some length, learned counsel for the applicant submits that applicant want to apply for discharge at this stage and they may be permitted to move appropriate application for discharge under the Code of Criminal Procedure. 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 two weeks 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. 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. 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 he has come with a bona fide prayer for discharge and if they fail 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. With the aforesaid observations and directions, the present 482 Cr.P.C. application is disposed of. Order Date :- 23.4.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad