Neutral Citation No. - 2025:AHC:31719 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7234 of 2025 Applicant :- Abdul Jaleel And 3 Others Opposite Party :- State Of .P. And Another Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Syed Ali Imam, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Abdul Jaleel And 3 Others, who are charge sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer: "It is therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow this application and quash the entire proceedings, including the charge sheet dated 17.08.2023 as well as summoning order dated 01.09.2023, arising out of case crime no. 224 of 2023, S.T. No. 741 of 2023 wherein applicant no.1 is summoned under sections 376 I.P.C., applicant No.2 is summoned under sections 323,504,506 I.P.C. and applicants No.3&4 are summoned under sections 504,506 I.P.C., Police Station Shalimar Garden, District Ghaziabad, pending before the F.T.C. I, Ghaziabad. It is further prayed that proceedings of the aforesaid case may be stayed during pendency of the present application and/or pass such other and further order as this Hon'ble court may deem just and proper under the circumstances of the present case." 4. At the very outset, the learned A.G.A. submits that applicants have rushed to this Court by filing present application under Section 528 BNSS. without availing the statutory remedy available under Section 250 BNSS Learned A.G.A. further submits that court below can deal with the grounds raised in support of this application thread bare 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 applicants could not overcome the same. 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 250 BNSS 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 alongwith 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 :- 5.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad