Neutral Citation No. - 2025:AHC:53547 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6709 of 2025 Applicant :- Pushpendra Goswami Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Pandey,Jaya Tripathi,Rahul Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Amit Kumar Pandey, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Supplementary affidavit filed by the learned counsel for applicant in Court today, is taken on record. 3. Perused the record. 4. Applicant- Pushpendra Goswami, who is a charge sheeted accused and has been summoned by Court below, 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 kindly be pleased to allow the present application and to quash/set aside the entire criminal proceedings against the Applicant in Case Crime No. 0316 of 2024, under Section 69, 115(2), 351(3), 352 B.N.S, Police Station-Sindauria, District- Maharajganj pursuant to the charge-sheet dated 20.11.2024 as well as cognizance order dated 10.01.2025 along with all sub- sequential orders pending in the court of Learned Additional Chief Judicial Magistrate (Senior Division) Mahrajganj, under Section 69, 115(2), 351(3), 352 B.N.S, Police Station-Sindauria, District-Maharajganj. It is further prayed that this Hon'ble Court may kindly be pleased to stay the effect and operation of the entire criminal proceedings against the Applicant in Case Crime No. 0316 of 2024, under Section 69, 115(2), 351(3), 352 B.N.S, Police Station-Sindauria, District-Maharajganj pursuant to the charge- sheet dated 20.11.2024 as well as cognizance order dated 10.01.2025 along with all sub-sequential orders pending in the court of Learned Additional Chief Judicial Magistrate (Senior Division) Mahrajganj, under Section 69, 115(2), 351(3), 352 B.N.S, Police Station-Sindauria, District-Maharajganj during the pendency of present application, otherwise the Applicant shall suffer irreparable loss and injury." 5. At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing the present application under Section 250(2) 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. 6. 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, liberty is granted to applicant to approach the Court below by moving a discharge application in terms of Section 250 BNSS. 7. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 8. Be that as it may, having heard, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds, no useful purpose shall be served in keeping this application pending. 9. Accordingly this application is disposed off finally with liberty to applicant to approach Court below by filing a discharge application in terms of Section 250 BNSS 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, then 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. 10. 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 :- 9.4.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad