Neutral Citation No. - 2025:AHC:31730 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 3907 of 2025 Applicant :- Dr. Farahim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kanjaanan Pyare Singh Counsel for Opposite Party :- G.A.,Sunil Kumar Tiwari Hon'ble Rajeev Misra,J. 1. Heard Mr. Kanjaanan Pyare Singh, the learned counsel for applicant, the learned A.G.A. for State and Mr. Sunil Kumar Tiwari, the learned counsel representing first informant opposite party-2. 2. Perused the record. 3. Applicant- Dr. Farahim, 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, respectfully prayed therefore, that this most Hon'ble Court may kindly be pleased to allow the present Criminal Misc. Application and quash the impugned charge 23.10.2024 (Charge Sheet No. Cognizance/summoning 29.10.2024 passed by Meerut order sheet dated 320/2024), dated Sessions Judge, as well as entire proceedings of the aforesaid Criminal Case No. 18564/2024 (State Vs. Farukh and others) U/s 191 (2), 191 (3), 103(1), 249, 61 (2) Β.N.S., 2023 Police Station Mawana, District Meerut, arising out of Case Crime No. 0325/2024, pending in the court of Sessions Judge, Meerut. It is further prayed that during the pendency of present Criminal Misc. Application, this Hon'ble Court may kindly be pleased to stay the further proceedings of Criminal Case No. 18564/2024 (State Vs. Farukh 103(1), and others) U/s 191(2), 191(3), 249, 61 (2) Β.N.S., 2023 Police Station Mawana, District Meerut, arising out of Case Crime No. 0325/2024, pending in the court of Sessions Judge, Meerut, otherwise the applicant shall suffer irreparable loss and injury and/or pass such other and further order which this Hon'ble Court may deem fit and proper in the 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 the statutory remedy available under Section 250(2) BNSS. 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, the learned counsel representing first informant opposite party-2 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 :- 4.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad