Neutral Citation No. - 2025:AHC:26541 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 37063 of 2024 Applicant :- Aurangjeb And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- M J Akhtar Counsel for Opposite Party :- G.A.,R.K. Shahi Hon'ble Rajeev Misra,J. 1. Heard Mr. M.J. Akhtar, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and Mr. R.K. Shahi, the learned counsel representing first informant-opposite party-2. 2. Perused the record. 3. Applicants-Aurangjeb and 2 Others, who are charge sheeted accused, have approached this Court by means of present application under Section 528 BNSS with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 17.05.2024 and Cognizance-cum-summoning Order dated 07.06.2024 as well as entire proceeding of Case No. 12462 of 2024, State Vs. Aurangjeb and others, under sections 354A, 354B, 376, 504, 506, 452, IPC against applicant no. 1 and under sections 504, 506, IPC against applicant no. 2 and 3, police station: Kotwali Padrauna, District: Kushinagar arising out of Case Crime No. 177 of 2024 pending in the court of Chief Judicial Magistrate, Kushinagar at Padrauna. It is further be pleased to stay the effect and operation of Cognizance-cum- summoning Order dated 07.06.2024 passed by Chief Judicial Magistrate, Kushinagar at Padrauna in Case No. 12462 of 2024, State Vs. Aurangjeb and others, under sections 354A, 354B, 376, 504, 506, 452, IPC against applicant no. 1 and under sections 504, 506, IPC against applicant no. 2 and 3, police station: Kotwali Padrauna, District: Kushinagar arising out of Case Crime No. 177 of 2024. It is further be pleased to stay the further proceeding of Case No. 12462 of 2024, State Vs. Aurangjeb and others, under sections 354A, 354B, 376, 504, 506, 452, IPC against applicant no. 1 and under sections 504, 506, IPC against applicant no. 2 and 3, police station: Kotwali Padrauna, District: Kushinagar arising out of Case Crime No. 177 of 2024 pending in the court of Chief Judicial Magistrate, Kushinagar at Padrauna, and/or pass any other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. At the very outset, the learned A.G.A. submits that applicants have rushed to this Court by filing the present application under Section 528 BNSS without availing statutory remedy available under Section 250(2) BNSS Cr.P.C. Learned A.G.A. further submits that Court below can deal with the grounds raised in support of this application threadbare at the first instance as it has the advantage of original record. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application under Section 528 BNSS 5. When confronted with above, the learned counsel for applicants could not overcome the same. 6. Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this application pending, as the grounds raised by the learned counsel for applicants in support of this application can very well be examined by Court below meticulously at the time of deciding the discharge application as Court below has the advantage of having the original record. 7. Accordingly this application is disposed off finally with a direction to the applicants to approach Court below by filing a discharge application in terms of Section 250(2) BNSS seeking their discharge in above mentioned criminal case. In case, such a discharge application is filed by applicants within a period of two weeks from today along with a certified copy of this order, the Court below shall proceed to decide the same by a reasoned and speaking order within a period of two months thereafter, provided there is no other legal impediment. 8. It goes without saying that till the disposal of discharge application as directed above, Court below shall not proceed further with the matter. Order Date :- 24.2.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad