HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1271 of 2025 Court No. - 14 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:- "Wherefore it is most respectfully prayed to this Hon'ble Court to allow this petition by quashing the chargesheet dated 12.01.2025 under Section 109, 191(2), 333, 352, 351(3) and 125 BNS, Police Station Tulsipur District Balrampur as well as the cognizance order dated 13.02.2025 passed by Learned CJM Balrampur arising out of the Case Crime no. 0251 of 2024 lodged on 11.12.2024 under Section 109, 191(2), 333, 352, 351(3) and 125 BNS, Police Station Tulsipur District Balrampur contained as Annexure no. 1 and 2 to this petition for the ends of justice." 3. 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 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 applicants 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 Versus Counsel for Applicant(s) : Madan Gopal Tripathi, Atma Ram Verma Counsel for Opposite Party(s) : G.A. Rahmatullah @ Rahmatullah Raynee And 4 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) 528 B.N.S.S.) and thus the application is liable to be dismissed. 5. After the argument at 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 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 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 decided within a further period of 60 days, strictly in accordance with law. 8. With the aforesaid observation, the application is disposed of. September 19, 2025 Mohd. Sharif NA528 No. 1271 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench