HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2091 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate and perused the record. 2. This application has been filed with the following main reliefs: "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased the impugned Charge Sheet dated 15.10.2025, arising out of under sections 85 & 108 BNS arising out of FIR/Case Crime No.0165 of 2025 and further the Summoning and Cognizance Order dated 17.10.2025 passed by the learned Special Chief Judicial Magistrate (Custom), Lucknow whereby the Applicant has been summoned as accused under sections 85 & 108 BNS may kindly be quashed, in the interest of justice. It is further prayed that the effect, operation and implementation of the impugned the Cognizance and Summoning Order, dated 17.10.2025, may kindly be kept in abeyance during the pendency of the present application." 3. Learned counsel for the applicant submits that the applicant has already been granted bail by the High Court and he is facing trial. 4. After arguing at some length, learned counsel for the applicant submits that he does not want to press this application. However, he submits that since the applicant is facing trial and he is on bail, therefore, he would like to file an application for discharge under the provisions of Cr.P.C., to which Versus Counsel for Applicant(s) : Praveen Kumar Yadav, Abhishek Tiwari, Atul Krishna, Rishabh Chauhan Counsel for Opposite Party(s) : G.A. Rupak Tiwari .....Applicant(s) The State Of U.P. Thru. Prin. Secy./Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) learned counsel for the State, does not have any objection. 5. Accordingly, the applicant is granted liberty to file an application for discharge in conformity with the provisions of Cr.P.C., within a period of two weeks from today. If such an application is filed, trial court is directed to decide the same within a period of four weeks thereafter in accordance with law. Till expiry of six weeks, non bailable warrant issued against the applicant, shall remain stayed. 6. With the aforesaid observations/directions, this application stands disposed of. December 11, 2025 Sachin NA528 No. 2091 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench