Neutral Citation No. - 2025:AHC:59393 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4666 of 2025 Applicant :- Dinesh Maurya And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Kumar Singh Counsel for Opposite Party :- G.A.,Nagendra Kumar Singh Hon'ble Rajeev Misra,J. 1. Heard Mr. Satyendra Kumar Singh, the learned counsel for applicants, the learned A.G.A. for State and Mr. Nagendra Kumar Singh, the learned counsel representing first informant opposite party 2. 2. Perused the record. 3. Applicants Dinesh Maurya and 4 others, who are charge sheeted accused and have been summoned by Court below, have approached this Court by means of present application under Section 528 B.N.S.S. with the following prayer:- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding of case crime no.151 of 2020 related to charge sheet dated 23.12.2020 and cognizance order dated 10.03.2021 arising out of criminal case no.3103 of 2021 (State Vs. Diwakar Maurya and others) under section 406, 342, 323, 506 I.P.C., Police Station- Jangipur, District- Ghazipur as well as summoning order dated 10.03.2021 and non-bailable warrant dated 20.09.2024, pending in the court of learned Judicial Magistrate-II, Ghazipur. It is, further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of case crime no.151 of 2020 related to the charge sheet dated 23.12.2020 and cognizance order dated 10.03.2021 arising out of criminal case no.3103 of 2021 (State Vs. Diwakar Maurya and others) under section 406, 342, 323, 506 I.P.C., Police Station- Jangipur, District-Ghazipur as well as summoning order dated 10.03.2021 and non-bailable warrant dated 20.09.2024, pending in the court of learned Judicial Magistrate-II, Ghazipur, during the pendency of present application before this Hon'ble Court, so that justice may be done, otherwise the applicants shall suffer irreparable loss and injury. " 4. At the very outset, the learned A.G.A. submits that applicants have rushed to this Court by filing the present application under Section 528 B.N.S.S. without availing statutory remedy available under Section 239 Cr.P.C./262 B.N.S.S. Learned A.G.A. further submits that 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 Furthermore, Court below upon appraisal and appreciation of the papers accompanying the police report/charge sheet submitted by the Investigating Officer in terms Section 173 (2) Cr. P. C. can return clear and cogent findings as to whether any offence is made out against applicants as per above, whether there is any evidence against applicants or whether the prosecution of applicants can be sustained on the ground of grave suspicion. On the above premise, the learned A.G.A. thus submits that no interference is warranted by this Court in present application under Section 528 B.N.S.S. 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 gave up the prayer prayed for by means of present application and contended that interest of justice shall be served in case liberty is granted to applicants to approach the Court below by moving a discharge application. 6. Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this application pending, as the grounds raised by the learned counsel for applicants in support of this application can very well be examined by Court below meticulously at the time of deciding the discharge application as Court below has the advantage of having the original record. 7. Accordingly this application is disposed of finally with a direction to the applicants to approach Court below by filing a discharge application in terms of Section 239 Cr.P.C./262 B.N.S.S. seeking their discharge in above mentioned criminal case. In case, such a discharge application is filed by applicants within a period of two weeks from today along with a certified copy of this order, the Court below shall proceed to decide the same by a reasoned and speaking order in the light of the observation made by Apex Court in Sanjay Kumar Rai Vs. State of U.P.,2022 (15) SCC 720, within a period of two months thereafter, provided there is no other legal impediment. 8. It goes without saying that till the disposal of discharge application as directed above, Court below shall not proceed further with the matter. Order Date :- 21.4.2025/HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad