Neutral Citation No. - 2025:AHC-LKO:48762 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 959 of 2025 Applicant :- Vikas And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Lko. And Another Counsel for Applicant :- Chandrika Rani Upadhyay,Girish Kumar Pandey,Tripuresh Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. Instant application under Section 482 Cr.P.C. (Now Section 528 B.N.S.S.) has been filed with the following relief:- "That for the facts, reasons and circumstances stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire proceeding of Criminal Case No. 5694/2025, viz. State vs. Vikas and another along with impugned Chargesheet No.1 dated 13-01-2025 submitted in Case Crime No. 320/2024, Police Station- Motigarpur, District- Sultanpur and Cognizance & Summoning Order dated 20- 03-2025 passed by Learned Court of ACJM Court No. 19, Sultanpur, summoning the Petitioner No. 1 and 2 U/S 79, 351(2), 351(3) BNS for facing trial and prevent the abuse of process of court and law in order to secure the end of justice. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding in the Chargesheet No.1 dated 13-01-2025 in Criminal Case No.5694/2025, viz. State vs. Vikas and another in Case Crime No.320/2024 U/S 79, 351(2), 351(3) BNS, Police Station- Motigarpur, District- Sultanpur, pending in the Learned Court of ACJM Court No. 19, Sultanpur." 3. Learned counsel appearing for the applicant submits that there is no evidence at all against the applicant and only on the basis of statement recorded by the police under Section 161 of Cr.P.C. (Now Section 180 of B.N.S.S., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present applicant is nothing but harassment. 4. On the other hand, learned counsel appearing for the State has opposed the contention aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 482 Cr.P.C. (Now Section 528 B.N.S.S.) and thus the application is liable to be dismissed. 5. After the argument at length, learned counsel for the applicant submits that interest of justice would be sub-served, if this Court directs the court below to permit the applicants to appear before the court below and file an application of discharge. He further submits that the court below may be directed to decide the discharge application within stipulated period of time, as may be fixed by this Court. 6. Learned A.G.A. for the State has no objection to the aforesaid submission. 7. In view of aforesaid, the applicant is permitted to file an application for discharge before the court below within a period of two weeks from today and if such an application is filed, the same shall be decided within a further period of 30 days, strictly in accordance with law. 8. With the aforesaid observation, the application is disposed of. Order Date :- 20.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench