Neutral Citation No. - 2025:AHC:76081 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 10556 of 2025 Applicant :- Ram Pal Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Yadav,Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. The service of notice upon the opposite party no.2 is sufficient, however, no one has appeared on behalf of her/him even in the revised call. Heard learned counsel for the applicant, learned AGA for the State and perused the record. This application has been filed by the applicant with a prayer to quash the charge sheet dated 05.06.2020 and summoning order dated 08.09.2020 as well as the entire proceedings of S. T. No.600 of 2020 (State vs Hirdesh @ Mote & Another), arising out of Case Crime No.172 of 2020, under Sections 323, 504 IPC and Section 3(1)(r) of SC/ST Act, Police Station-Saurikh, District-Kannauj, pending before the court of Special Judge (SC/ST Act), Kannauj and further prayed that stay the further proceedings of the aforesaid case. Brief facts of the case are that an FIR has been lodged on 06.05.2020 at about 15:39 hrs by the opposite party no.2 against the four named accused including the applicant, under Sections 323, 504 IPC and Section 3(1)(da) of SC/ST Act with the allegation that on 05.05.2020, when the opposite party no.2 was sitting alongwith his wife and nephew in front of his house, the aforesaid alleged accused came and started abusing opposite party no.2 using caste indicative words. When the opposite party no.2 objected to the same, the accused persons assaulted him with land, danda, hand and fists due to which the opposite party no.2 including his wife and nephew sustained injuries. After investigation, the charge sheet has been submitted only against the applicant and Hirdesh @ Mote, whereas two other accused have been exonerated. Pursuant to which the applicant has been summoned. Thus, the present petition has been filed. Learned counsel for the applicant submits that offence under Section 3(1)(r) of SC/ST Act is not made out against the applicant as no caste indicative words has been specified neither in the F.I.R. nor in the statement of the charge sheet witnesses. 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. Per contra, learned AGA submits that the incident took place on 05.05.2020 and the opposite party no.2 alongwith his wife and nephew have sustained injuries, therefore, the incident cannot be denied. But he could not dispute the aforesaid fact that caste indicative words have not been specified neither in the version of FIR nor in the statement of charge sheet witnesses. 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 BNSS. 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 three 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 two months 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 application is disposed of. Order Date :- 9.5.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad