Neutral Citation No. - 2025:AHC:44931 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 6386 of 2025 Applicant :- Adesh Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Samiksha Chaturvedi,Saurabh Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. I.K. Chaturvedi, the learned Senior counsel assisted by Mr. Saurabh Chaturvedi, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Adesh Kumar Pandey, 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 BNS with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to quash the charge sheet dated 31.08.2024 and also be further pleased to set aside the summoning order dated 30.09.2024 passed by learned ACJM, Court No. 06, Ghaziabad under Sections 376, 504, 506 IPC in Case No. 6115 of 2024 arising out of Case Crime No. 343 of 2024, P.S.:- Ghaziabad Kotwali, District:-Ghaziabad as well as the entire criminal proceedings pending against applicant before learned Court below. It is further prayed that this Hon'ble Court may be pleased to stay the further criminal proceeding and the effects of the summoning order dated 30.09.2024 passed by learned ACJM, Court No. 06, Ghaziabad under Sections 376, 504, 506 IPC in Case No. 6115 of 2024 arising out of Case Crime No. 343 of 2024, P.S.:-Ghaziabad Kotwali, District:-Ghaziabad, during the pendency of the present criminal application before this Hon'ble Court. And/or pas other and further order as this Hon'ble court may deem fit and proper in the facts and circumstances of the case." 4. After some arguments, the learned Senior counsel for applicant 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 applicant to approach Court below by moving discharge application in terms of Section 250 BNS. 5. Learned A.G.A. representing State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 6. 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 that no useful purpose shall be served in keeping this application pending. 7. Accordingly this application is disposed off finally with liberty to the applicant to approach Court below by moving a discharge application in terms of Section 250 BNS 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 concerned shall 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 Uttar Pradesh and Another (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 against applicant. Order Date :- 1.4.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad