HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1108 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Since the matter is decided at the admission stage, therefore, issuance of notices to opposite parties nos. 2 to 4 are hereby dispensed with. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Instant application under Section 528 of BNSS has been filed with the prayer to quash the chargesheet No.175 of 2025, dated 08.05.2025 in ST No. 55 of 2025; State Vs. Ravi Upadhyaya, arising out of Case Crime No. 0104 of 2025, under Sections 137(2), 65(2) of BSS, Police Station Kotwali Nagar, District Ayodhya, as well as entire proceedings in pursuance thereof. Learned counsel appearing for the applicants submits that there is no evidence at all against the applicants and only on the basis of statement recorded by the police under Sections 180 and 183 of BNSS, the whole proceeding has been initiated. He has specifically submitted that the charges have not been been framed as yet. He added that the criminal proceedings against the present applicants are nothing but harassment. On the other hand, learned counsel appearing for the State has opposed the contentions aforesaid and submits that there is no abuse of process of law and only factual matrix has been agitated before this before this Court and that could not be gone into at this stage, invoking the jurisdiction under Section 528 of BNSS and thus, the application is liable to be dismissed. After arguing at some length, learned counsel for the applicants 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 Versus Counsel for Applicant(s) : Chhaya Tripathi Counsel for Opposite Party(s) : G.A. Ravi Upadhyay .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) for 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. Learned AGA appearing for the State has no objection to the aforesaid submissions. In view of aforesaid, the applicants are 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 considered and decided within a further period of 30 days, strictly in accordance with law. With the aforesaid observation, the application is disposed of. September 1, 2025 kkv/ NA528 No. 1108 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench