Neutral Citation No. - 2025:AHC:30638 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 6934 of 2025 Applicant :- Sachin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Gaurav Kakkar, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applican- Sachin Kumar, who is 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 that this Hon' ble Court may graciously be pleased to allow the instant 528 of B.N.S.S. Application and set aside/quash the entire proceedings of Case No.1354 of 2025 arising out of Case Crime No.616 of 2024, under section 376, 354, 506 IPC, Police Station-Sadar Bazar, District-Agra, pending in the Court of Chief Judicial Magistrate, Agra as well the order impugned dated 17.01.2025 passed by C.J.M., Agra, thereby cognizance has been taken upon the charge at 08122024 sheet which has been illegally submitted against the applicant under section 376, 354, 506 IPC., otherwise the applicant shall suffer irreparable loss and hardship. It is further prayed that this Hon'ble Court may graciously be pleased to Stay the further proceedings of Session Case No.1354 of 2025 arising out of Case Crime No.616 of 2024, under section 376, 354, 506 IPC, Police Station-Sadar Bazar, District-Agra, pending in the Court of Chief Judicial Magistrate, Agra as well as stay the effect and operation of the cognizance / summoning order dated 17.01.2025 passed by learned ACIM, Agra, as well all coercive measures / process issued against the applicants, during the pendency of the present application under section 528 of B.N.S.S. before this Hon'ble Court, otherwise, the applicant shall suffer irreparable loss and hardship." 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 :- 4.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad