Neutral Citation No. - 2025:AHC:24508 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 4879 of 2025 Applicant :- Faizan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dipak Srivastava,Pawan Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Dipak Srivastava, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Faizan who is charge sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer: "It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow this application and quash the proceeding in pursuance of impugned charge Sheet No. 94 of 2024 dated 18.07.2024 as well as cognizance order dated 20.07.2024 (State Versus Faizan) in Criminal Case/Session Case No. 1278 of 2024, arising out of case crime No.88 of 2024 U/s-376 I.P.C & ¾ (2) Pasco Act 2012 Police Station Shivrajpur District Kanpur Nager. It is further prayed that proceedings in pursuance of impugned charge Sheet No. 94 of 2024 dated 18.07.2024 as well as cognizance order dated 20.07.2024 (State Versus Faizan) in Criminal Case/Session Case No. 1278 of 2024, arising out of case crime No.88 of 2024 U/s-376 I.P.C & ¾ (2) Pasco Act 2012 Police Station Shivrajpur District Kanpur Nager, may be stayed during the pendency of the present application and/or pass such other and further order as this Hon'ble court may deem fit and proper under the facts and circumstances of the present case, otherwise applicant 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 present application under Section 528 BNSS Cr.P.C. without availing the statutory remedy available under Section 250(2) BNSS. Learned A.G.A. further submits that court below can deal with the grounds raised in support of this application thread bare at the first instance as it has the advantage of original record. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application under Section 528 BNSS 5. When confronted with above, the learned counsel for applicants could not overcome the same. 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 250(2) BNSS. 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 alongwith a certified copy of this order, the court below shall proceed to decide the same by a reasoned and speaking order 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 :- 19.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad