Neutral Citation No. - 2025:AHC:32814 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7398 of 2025 Applicant :- Mahendra Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar,Sanjay Kumar Rajbhar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Rakesh Rai, Advocate holding brief of Mr. Pramod Kumar, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Rajesh Kumar Sharma And Others, who are 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 this application and quash the entire criminal proceeding as well as Charge-sheet No. 02 of 2024 Dated 31-03- 2024 (State Vs. Ravi Kant Parasar @ Toni and others) in Crl. Case No. 29006 of 2024 arising out of Case Crime No. 130 of 2020, - 506 Under Sections 302, 201, 504/1 34 IPC Police Station-Badalpur, District- Gautam Buddh Nagar which was submitted by the Investigating Officer on 31-03- 2024 and the cognizance by the Learned Chief Judicial Magistrate, Gautam Buddh Nagar was taken on 02-04-2024 and the summoning order was issued on 02-04-2024. It is further prayed that the Hon'ble Court may be pleased to stay the entire proceedings in Crl. Case No. 29006 of 2024 arising out of Case Crime No. 130 of 2020, Under Sections 302, 201, - 506 % 504, 34 IPC Police Station- Badalpur, District- Gautam Buddh Nagar which was submitted by the Investigating Officer on 31-03-2024 and the cognizance by the Learned Chief Judicial Magistrate, Gautam Buddh Nagar was taken on 02- 04-2024 and the summoning order was issued on 02- 04-2024. It is further prayed that the further proceedings in the case mentioned above be stayed during the pendency of the present application before this Hon'ble Court and/or such other and further orders as this Hon'ble Court may deem fit and proper in the circumstances of the 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 :- 6.3.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad