HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1622 of 2025 Court No. - 28 HON'BLE PRAMOD KUMAR SRIVASTAVA, J. Heard learned counsel for the applicants, 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. 01 of 2024, dated 01.10.2024 and entire proceedings including summoning order dated 19.07.2025 in Case Crime No. 312 of 2024, under Sections 74, 15(2), 352, 351(1), 333 of BNS, Police Station Dargah Sharif, District Bahraich, pending in the court of ACJM, Bahraich. 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 180B of BNSS, the whole proceeding has been initiated. 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 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. Versus Counsel for Applicant(s) : Nripendra Mishra, Tung Nath Tiwari Counsel for Opposite Party(s): G.A. Situ Gupta @ Rati And 2 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) 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 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 one months from today and if such an application is filed, the same shall be considered and decided within a further period of 60 days, strictly in accordance with law. For a period of one month, no coercive action shall be taken against the applicants. With the aforesaid observation, the application is disposed of. October 30, 2025 kkv/ NA528 No. 1622 of 2025 2 (Pramod Kumar Srivastava,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench