Neutral Citation No. - 2025:AHC:37229 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6291 of 2025 Applicant :- Sachin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyaveer Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Satyaveer Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant- Sachin Kumar, who is a charge sheeted accused, has approached this Court by means of present application under Section 528 BNSS with the following prayer:- "It is, therefore, Most Respectfully prayed this Hon'ble Court may graciously be pleased to quash the Cognizance/Summoning order Charge Sheet dated 01.12.2024 dated 15.01.2025, as well as entire proceedings of Case No.883 of 2025 "State of U.P. Versus Sachin Kumar and others" arising out of Case Crime No.0369 of 2024 under Sections 376, 506 IPC Police Station Vihar Ankur District Rural (Commissionerate Ghaziabad) pending in the court of Additional Chief Judicial Magistrate Court No.1, Ghaziabad otherwise the applicant shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further Proceedings of Case No.883 of 2025 "State of U.P. Versus Sachin Kumar and others" in Case Crime No.0369 of 2024 under Sections 376, 506 IPC Police Station Ankur Vihar District Rural (Commissionerate Ghaziabad) pending in the court of Additional Chief Judicial Magistrate Court No.1, Ghaziabad as well as stay the effect and operation of Cognizance/summoning order dated 15.01.2025 passed by the learned Additional Chief Judicial Magistrate Court No.1, Ghaziabad, Charge Sheet dated 01.12.2024 during pendency of the present Criminal Misc. Application under Section 528 B.N.S.S. otherwise the applicant shall suffer irreparable loss and injury. 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 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 proceed to argue the matter but subsequently gave up the prayer prayed for by means of present application. He submits that considering the facts and circumstances of the case, interest of justice shall better be served in case, the present application is dismissed as withdrawn with liberty to applicant to approach Court below by moving discharge application as contemplated under Section 250(2) BNSS/227 Cr.P.C. 6. Accordingly this application is dismissed as withdrawn at this stage with liberty to applicant to approach Court below by filing a discharge application in terms of Section 250(2) BNSS/227 Cr.P.C. seeking his discharge in above mentioned 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. Order Date :- 17.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad