Neutral Citation No. - 2025:AHC:26264 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 40647 of 2024 Applicant :- Mohammad Shafkat Ansari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sikandar B. Kochar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Sikandar B. Kochar, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Mohammad Shafkat Ansari, who is a charge sheeted accused, has 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 kindly be pleased to allow this application and quash the impugned Charge- Sheet No.23 impugned of 2024 dated 24.04.2024, cognizance/summoning order dated 17.05.2024 passed by the Learned A.C.J.M.-Court No.5, Allahabad as well as entire proceedings of Session Trial No.1392 of 2024 (State Vs. Mohd. Shafkat Ansari) arising out of Case Crime No.05 of 2024, Under Sections 376, 354 & 506 I.P.C., Police Station Kydganj, District Prayagraj pending in the court of Learned Additional District and Sessions Judge, F.T.C.-I, Allahabad. It is further prayed that this Hon'ble Court may kindly be pleased to stay further proceedings of Session Trial No.1392 of 2024 (State Vs. Mohd. Shafkat Ansari) arising out of Case Crime No.05 of 2024, Under Sections 376, 354 & 506 I.P.C., Police Station Kydganj, District Prayagraj pending in the court of Learned Additional District and Sessions Judge, F.T.C.-I, Allahabad during the pendency of the present application before this Hon'ble Court. Or to pass any such other and further order which 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 applicant has 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 applicant could not overcome the same. 6. Having heard the learned counsel for applicant, 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 applicant 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 applicant to approach Court below by filing a discharge application in terms of Section 250(2) BNSS seeking his discharge in above mentioned criminal case. In case, such a discharge application is filed by applicant 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