Neutral Citation No. - 2025:AHC:60194 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4640 of 2025 Applicant :- Dashahari @ Dilip And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Pradeep Kumar Singh, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Dashahari @ Dilip and 2 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 BNS with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to quash the charge sheet dated 05.09.2024 and cognizance order dated 07.09.2024 as well as further proceedings of Case No. 84441 of 2024 (State Vs. Janawar) arising out of Case Crime No. 98 of 2024, under Section 147, 323, 307, 504, 506, 427 I.P.C., Police Station- Lohta, District-Varanasi, pending in the court of Additional Chief Judicial Magistrate-VI, Varanasi. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Case No. 84441 of 2024 (State Vs. Janawar) arising out of Case Crime No. 98 of 2024, under Section 147, 323, 307, 504, 506, 427 I.P.С., Police Station-Lohta, District-Varanasi, pending in the court of Additional Chief Judicial Magistrate-VI, Varanasi, during the pendency of the aforesaid application before this Hon'ble Court, 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 227 Cr.P.C./250 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 227 Cr.P.C./250 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 227 Cr.P.C./250 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 the direction contained in the judgment of Supreme Court in 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