Neutral Citation No. - 2025:AHC:16988 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 43223 of 2024 Applicant :- Baiju Gaund Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalita Mishra,Rajnish Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Rajnish Shukla, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Baiju Gaund, 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 graciously be pleased to allow this application and quash the Charge-sheet dated 04.09.2024 and Cognizance and Summoning order dated 23.10.2024 as well as entire proceeding of Case No.50174 of 2024 (State versus Baiju Gaund and others) arising out of case crime no. 461 of 2024 u/s115(2), 69 of B.N.S., Police Station Campierganj, District Gorakhpur pending in the court of Addl. Chief Judicial Magistrate 3rd, Gorakhpur. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Case No.50174 of 2024 (State versus Baiju Gaund and others) arising out of case crime no. 461 of 2024 u/s115(2), 69 of B.N.S., Police Station Campierganj, District Gorakhpur pending in the court of Addl. Chief Judicial Magistrate 3rd, Gorakhpur, and/or pass such other and further order as this Hon'ble Court may deem fit and proper under 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 :- 6.2.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad