Neutral Citation No. - 2025:AHC:28669 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5135 of 2025 Applicant :- Xxx Juvenile Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sudhir Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Sudhir Kumar Tripathi, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant- Xxx Juvenile, has approached this Court by means of present application under Section 528 BNSS with the following prayer:- "It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application of the applicant and quashed the Entire Proceedings of Special Trial No. 2123 of 2023 arising from Case crime No. 46 of 2023 under section 363,366,376,504,506, I.P.C. and section 3/4 of P.O.C.S.O Act of Police Station Harpur Buddhat, District Gorakhpur pending in the court of Additional Session Judge / Special Judge POCSO Act Court No.1 Gorakhpur (State versu Kanhaiya and Others) as well as chargesheet No. 03 dated 05.05.2023 Case crime No. 46 of 2023 under section 363,366,376,504,506, I.P.C. and section 3/4 of P.O.C.S.O Act of Police Station Harpur Buddhat, District Gorakhpur and cognizance /summoning order dated 07.08.2023 passed by Additional session Judge/Special Judge POCSO Act court No.1 Gorakhpur It is further prayed that this Hon'ble Court may kindly be pleased to stay the further Proceedings Special Trial No. 2123 of 2023 arising from Case crime No. 46 of 2023 under section 363,366,376,504,506, I.P.C. and section 3/4 of P.O.C.S.O Act of Police Station Harpur Buddhat, District Gorakhpur pending in the court of Additional Session Judge / Special Judge POCSO Act Court No.1 Gorakhpur (State versu Kanhaiya and Others) as well as chargesheet No. 03 dated 05.05.2023 Case crime No. 46 of 2023 under section 363,366,376,504,506, I.P.C. and section 3/4 of P.O.C.S.O Act of Police Station Harpur Buddhat, District Gorakhpur and cognizance / summoning order dated 07.08.2023 passed by Additional session Judge/ Special Judge POCSO Act court No.1 Gorakhpur during the pendency of this application before the Hon'ble Court or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 4. At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing the present application under Section 528 BNSS. 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 threadbare 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 applicant could not overcome the same. 6. Having heard the learned counsel for applicant, 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 applicant 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 off finally with a direction to the applicant to approach Court below by filing a discharge application in terms of Section 250(2) BNSS seeking his discharge in above mentioned criminal case. In case, such a discharge application is filed by applicant 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 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 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad