HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1164 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application under section 482 Cr.P.C./ 528 of the B.N.S.S.,2023,has been filed with the prayer to quash the charge sheet bearing Charge Sheet No. 206/2024 dated 18.11.2024 filed in Case Crime No. 0220 of 2024, under sections 109, 352, 351(3) of BNS, section 4 & 25 of Arms Act, Police Station Manikpur, District Pratapgarh, impugned order dated 15.01.2025 passed by Court of Chief Judicial Magistrate, Pratapgarh, in Case No. 653 of 2025, State Vs. Arvind Saroj by which cognizance order dated 15.01.2025 has been passed and the applicant has been summoned for the offence under sections 109, 352, 351(3) of BNS, section 4 & 25 of Arms Act, and the entire consequential proceeding of Case No.653 of 2025, State Vs. Arvind Saroj, pending in the Court of Chief Judicial Magistrate, Pratapgarh, arising out of Case Crime No. 0220 of 2024, under sections 109, 352, 351(3) of BNS, section 4 & 25 of Arms Act, Police Station Manikpur, District- Pratapgarh. 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., the whole proceeding has been initiated and chargesheet has been filed. He added that the criminal proceedings against the present applicant Versus Counsel for Applicant(s) : Rakesh Kumar Yadav, Hema Singh Counsel for Opposite Party(s) : G.A. Arvind Kumar @ Arvind Saroj .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) is nothing but harassment. 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. and thus the application is liable to be dismissed. After arguing at some 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 applicant 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. Learned AGA for the State has no objection to the aforesaid submission. 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 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 8, 2025 AKS NA528 No. 1164 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench