Neutral Citation No. - 2025:AHC:59327 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 4621 of 2025 Applicant :- Shaunak Bajpai And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- Abhishek Tiwari,G.A.,Santosh Singh Hon'ble Rajeev Misra,J. 1. Heard Mr. Rajesh Dwivedi, the learned counsel for applicants and the learned A.G.A. for State opposite party 1. 2. Perused the record. 3. Applicants Shaunak Bajpai and 3 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 Hon'ble Court may graciously be pleased to allow this application and quash the entire criminal proceeding as well as charge sheet dated 19.08.2024 (State Vs. Shaunak Bajpai and others) as well as cognizance dated 13.11.2024 u/s 406, 506 I.P.C. arising out of case crime no. 0216 of 2023 at Police Station Juhi, District Kanpur Nagar pending in the court of Judicial Magistrate Court No. 8, Kanpur Nagar. It is also further pray that this Hon'ble Court may graciously be pleased to stay the further proceedings as well as charge sheet dated 19.08.2024 (State Vs. Shaunk Bajpai and others) as well as cognizance dated 13.11.2024 u/s 406, 506 I.P.C. arising out of case crime no. 0216 of 2023 at Police Station Juhi, District Kanpur Nagar pending in the court of Judicial Magistrate Court No. 8, Kanpur Nagar. And/or pass such other and further order which this Hon'ble may deem fit and proper under the circumstances of the present case, otherwise the 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 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 observations 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