Neutral Citation No. - 2025:AHC:39640 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 8790 of 2025 Applicant :- Upendra Ram And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harsh Bardhan Choubey,Sunil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Sunil Kumar Singh, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1 2. Perused the record. 3. Applicants-Upendra Ram and Raj Narayan Ram, who are charge sheeted accused, have 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 application and be pleased to stay the effect and operation of the charge sheet dated 11.10.2024 as well as cognizance order dated 21.02.2025 (State vs. Upendra Ram and others) in Criminal Case No. 1271 of 2025 arising out of Case Crime No. 0187/2024, under Section 376, 406, I.P.C., Police Station-Madhuban, District Mau, pending before learned Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Mau, the applicant no.1 has been summoned under Section 376 I.P.C. and summoned against applicant no.2 under Section 406 I.P.C. It is, further prayed that this Hon'ble Court may graciously be pleased to quash the charge sheet dated 11.10.2024 as well as cognizance order dated 21.02.2025 (State vs. Upendra Ram and others) in Criminal Case No. 1271 of 2025 arising out of Case Crime No. 0187/2024, under Section 376, 406, I.P.C., Police Station-Madhuban, District Mau, pending before learned Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Mau the applicant no.1 has been summoned under Section 376 I.P.C. and summoned against applicant no.2 under Section 406 I.P.C. during pendency of present criminal misc. application before this Hon'ble Court, otherwise, the applicants shall suffer irreparable loss and injury. And/or pass such other and further order which this Hon'ble Court may deem fit and proper under 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 482 Cr.P.C. 5. When confronted with above, the learned counsel for applicants proceeded to address the Court on merits. However, after sometime, he gave up prayer prayed for by means of present application and contended that interest of justice shall be served in case applicants is permitted to seek discharge before court below . 6. Learned A.G.A. has no objection to the prayer made by the learned counsel for applicants. 7. In view of above, this application is disposed of finally with liberty to applicants to approach court below by moving an application under Section 250 BNSS seeking discharge in aforementioned 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 then the court below shall proceed to decide the same by a reasoned and speaking order within a period of two months from the date of production of a certified copy of this order. 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 :- 19.3.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad