Neutral Citation No. - 2025:AHC:63719 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 3391 of 2025 Applicant :- Mohit Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Brij Anil Kumar Tiwari, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. By means of this application under Section 528 B.N.S.S. applicant-Parvez Alam Urf Diwana, who is a charge sheeted accused and facing trial before Court below, has approached this Court with the following prayer:- "It is expedient in the interest of justice that this Hon'ble court may graciously be pleased to allow the present application & quash the entire proceeding of case No.14607 of 2024 (State Vs. Mohit Sharma) arising out of Case Crime No.703 of 2022, u/s 420, 342, 504, 506, 120B, 386, 388, 302, 34 I.P.C., P.S. Subhash Nagar, pending in the court of Learned Additional Chief Judicial Magistrate Bareilly & summoning order dated 9.9.2024 passed by learned Chief Judicial Magistrate Bareilly, may also be quashed. It is further prayed by pleased to stay the further proceeding of Case No.14607 of 2024 (State Vs. Mohit Sharma) arising out of case crime no.703 of 2022, u/s 420, 342, 504, 506, 120B, 386, 388, 302, 34 I.P.C. P.S. Subhash Nagar, pending in the court of learned Additional Chief Judicial Magistrate Bareilly & summoning order dated 9.9.2024 passed by learned Chief Judicial Magistrate Bareilly, may also be stayed." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that applicant has rushed to this Court by filing the present application under Section 528 BNSS without availing statutory alternative remedy under Section 250 BNSS. 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. Learned A.G.A. further submits that Court below can easily return findings on the issues as to whether as per the papers accompanying the police report any offence is made out against applicant or not, whether there is any evidence against applicant and whether the prosecution of applicant can be sustained on account of grave suspicion. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application. 5. When confronted with above, the learned counsel for applicant fairly gave up the prayer made by means of present application. He submits that interest of justice shall be served, in case, liberty is granted to applicant to approach Court below by moving a discharge application in terms of Section 250 BNSS. 6. Learned A.G.A. representing State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this application pending. 8. Accordingly this application is disposed off finally with liberty to the applicant to approach Court below by moving a discharge application in terms of Section 250 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 concerned shall decide the same by a reasoned and speaking order in the light of the observations made by Apex Court in Sanjay Kumar Rai Vs. State of Uttar Pradesh and Another (2022) 15 SCC 720 within a period of two months thereafter, provided there is no other legal impediment. 9. It goes without saying that till the disposal of discharge application as directed above, Court below shall not proceed further against applicant. Order Date :- 21.4.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad