Neutral Citation No. - 2025:AHC:61576 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 7866 of 2025 Applicant :- Mohd Shazeb Opposite Party :- State of U.P. and Another Counsel for Applicant :- Safal Pandey,Virendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr.Safal Pandey, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. 2. Perused the record. 3. Applicant Mohd Shazeb, 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 B.N.S.S. 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/set-aside the entire proceeding of Criminal Case Noll 450 of 2024 State Vs Shazeb arising out of case crime no. 0305 of 2024 in charge sheet no. 1 dated 11.10.2024 Under Section 64, 351(2), 351(3), B.N.S Police Station Saidngli, District- Amroha, and stay the further proceeding of criminal case no! 450/2024 State Vs Shazeb pending before chief Judicial Magistrate Amroha. And/or may pass such other and further order protecting the interests of the Applicant which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, so that justice may be done." 4. At the very outset, the learned A.G.A. submits that applicants have rushed to this Court by filing the present application under Section 528 B.N.S.S. without availing statutory remedy available under Section 227 Cr.P.C./250 B.N.S.S. 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 Furthermore, Court below upon appraisal and appreciation of the papers accompanying the police report/charge sheet submitted by the Investigating Officer can return clear and cogent findings as to whether any offence is made out against applicants as per above, whether there is any evidence against applicants or whether the prosecution of applicants can be sustained on the ground of grave suspicion. On the above premise, the learned A.G.A. thus submits that no interference is warranted by this Court in present application under Section 528 B.N.S.S. 5. When confronted with above, the learned counsel for applicants proceeded to address the Court on the merits of this application. However, after some arguments, he gave up the prayer prayed for by means of present application and contended that interest of justice shall be served in case liberty is granted to applicants to approach the Court below by moving a discharge application. 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 227 Cr.P.C./250 B.N.S.S. 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 along with a certified copy of this order, the Court below shall proceed to decide the same by a reasoned and speaking order in the light of the observation made by Apex Court in Sanjay Kumar Rai Vs. State of U.P., 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 with the matter. Order Date :- 23.4.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad