Neutral Citation No. - 2025:AHC:84676 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 15353 of 2025 Applicant :- Kelvin Kumar Alias Bhanta Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.K Singh Gaharwar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. R. K. Singh Gaharwar, learned counsel for the applicant, Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record. This application U/S 528 BNSS has been filed by the applicant with the prayer to quash the entire proceedings including charge- sheet dated 19.03.2023 and cognizance order dated 28.09.2023 in Session Case No. 2633 of 2023 (State Vs. Kelvin Kumar alias Bhanta), arising out of Case Crime No.29 of 2023, under Sections 323, 504, 506 I.P.C. and 3(2)(va) SC/ST Act, Police Station Chharra, District Aligarh, pending in the court of Additional District Judge/ Special Judge (SC/ST Act), Aligarh. Brief facts of the case are that an F.I.R. has been lodged with the allegation that on 26.01.2023 at 9:00 A.M. when opposite party no.2 was standing in front of his house, the applicant and one co- accused reached there and after using caste indicative language "ससालले धधोबबियसा " assaulted with stone, due to which he sustained injuries on his head. They also threatened him in case he complained about this, he will face dire consequences. After investigation, charge-sheet has been submitted and learned Magistrate has taken cognizance under Sections 323, 504, 506 I.P.C. and 3(2)(va) SC/ST Act. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to village rivalry. He further submits that applicant is a student and is pursuing M.Sc. degree. He was friendly with sister of opposite party no.2 due to which opposite party no.2 was annoyed. He next submits that earlier an F.I.R. was lodged by Veervati, mother of opposite party no.2 on 02.01.2020 against the applicant and when he was still friendly with the sister of opposite party no.2, the present F.I.R. has been subsequently lodged with false and frivolous allegations in order to exert pressure upon him, therefore, this is a case of malicious prosecution. There is no independent witness of the alleged incident. The injuries sustained by the injured are simple in nature. 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 submission 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 has also been touched upon at length. 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 applicant, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 BNSS. 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. Considering the facts and circumstances of the case, it is hereby provided that if the applicant moves an application for discharge before the concerned Court below within a period of 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. 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 he 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 528 BNSS application is disposed of. Order Date :- 20.5.2025 Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad