Neutral Citation No. - 2025:AHC:60363 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4638 of 2025 Applicant :- Atansh Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Shukla,Sukrampal Counsel for Opposite Party :- G.A.,Raghav Dev Garg Hon'ble Rajeev Misra,J. 1. Heard Mr. S.K. Shukla, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and Mr. Raghav Dev Garg, the learned counsel representing first informant-opposite party-2. 2. Perused the record. 3. Applicants-Atansh Gupta and Meenakshi Gupta, who are charge sheeted accused, have approached this Court by means of present application under Section 528 BNS with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the instant criminal Misc. Application (Under Section 482 of Cr.P.C.) and quash the entire criminal proceedings of the Case No. 5403 of 2024 (State Vs. Atansh Gupta and Another) pending before Additional Civil Judge (JD)/Judicial Magistrate, Court No.-3, Ghaziabad and order of cognizance as well as summoning order dated 16.12.2024 passed by Additional Civil Judge (JD)/Judicial Magistrate, Court No.-3, Ghaziabad and also quash the Charge Sheet dated 18.09.2024 arising out of the case crime no. 1012 of 2022, under Section 406, 420, 504, 506 IPC police Station-Nandgram, District-Ghaziabad.. During the pendency of instant criminal Misc. Application (Under Section 482 of Cr.P.C.) and quash the entire criminal proceedings of the Case No. 5403 of 2024 (State Vs. Atansh Gupta and Another) pending before Additional Civil Judge (JD)/Judicial Magistrate, Court No.-3, Ghaziabad and order of cognizance as well as summoning order dated 16.12.2024 passed by Additional Civil Judge (JD)/Judicial Magistrate, Court No.-3, Ghaziabad and also quash the Charge Sheet dated 18.09.2024 arising out of the case crime no. 1012 of 2022, under Section 406, 420, 504, 506 IPC police Station-Nandgram, District-Ghaziabad. and/or to pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case, otherwise, the applicant shall suffer an irreparable loss and injury." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that applicants have rushed to this Court by filing the present application under Section 528 BNSS without availing statutory alternative remedy under Section 239 Cr.P.C./262 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 charge sheet/police report submitted by the Investigating Officer in terms of Section 173(2) Cr.P.C. any offence is made out against applicants or not, whether there is any evidence against applicants and whether the prosecution of applicants 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 applicants proceeded to address the Court on the merits of this application. However, after some arguments, he 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 applicants to approach Court below by moving a discharge application in terms of Section 239 Cr.P.C./262 BNSS. 6. Learned A.G.A. representing State-opposite party-1 has no objection to the prayer made by the learned counsel for applicants. 7. Having heard the learned counsel for applicants, 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 of finally with a direction to applicants to approach Court below by moving a discharge application in terms of Section 239 Cr.P.C./262 BNSS seeking their discharge in aforementioned criminal case along with a certified copy of this order within a period of two weeks from today. In case, such a discharge application is filed by applicants within aforesaid period, Court below shall decide the same by a reasoned and speaking order and in the light of observations made by the Apex Court in the case of 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 applicants. Order Date :- 21.4.2025/Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad