Neutral Citation No. - 2025:AHC:17012 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 44581 of 2024 Applicant :- Shivam Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Dubey,Rishu Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Akash Ojha, Advocate, holding brief of Mr. Pankaj Dubey, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Shivam Singh, 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 the Hon'ble Court may Kindly be pleased to allow the instant application (under section 482 Cr.P.C.) and quash the Charge Sheet dated 22.07.2024 submitted in Case Crime No. 0701 of 2024 (State of U.P. versus Shivam Singh) Under section 376 and 506 of IPC, Police Station -Indirapuram, District Ghaziabad as well as Cognizance order dated 03.08.2024 passed by Chief Judicial Magistrate, Ghaziabad and further quash the entire Proceeding of Session Trial No. 742 of 2024 (State of Shivam Singh) (Arising out of in case no. 701 of 2024 (State Vs. Shivam Singh) Under section 376 and 506 of IPC Pending in the Court of Additional District and Session Judge, Court No. 2, Ghaziabad. It is also prayed that further Proceeding of Proceeding of Session Trial No. 742 of 2024 (State of Shivam Singh) (Arising out of in case no. 701 of 2024 (State Vs. Shivam Singh) Under section 376 and 506 of IPC Pending in the Court of Additional District and Session Judge, Court No. 2, Ghaziabad, be stayed, during the pendency of the present case before this Hon'ble Court, or pass other and further order and direction as this Hon'ble court may deem fit and proper under the facts and circumstances of the case, otherwise the Applicant shall suffer irreparable loss and injury." 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