Neutral Citation No. - 2025:AHC:39307 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 8798 of 2025 Applicant :- Aman Singh Alias Mukund Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yakub Ali Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. M.J. Akhtar, Advocate, holding brief of Mr. Yakub Ali, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Aman Singh @ Mukund Singh, who is a 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 quash the charge sheet dated 29.04.2024 as well as cognizance-cum-summoning order dated 15.05.2024 and entire proceeding of S.T. No. 1148 of 2024, State Vs. Aman Singh alias Mukund Singh and others, under sections 376, 323, 504, 506, IPC, police station: Ahirauli Bazar, District: Kushinagar arising out of Case Crime No. 49 of 2024 pending in the court of Session Judge, Kushinagar at Padrauna. It is further be pleased to stay the further proceeding of S.T. No. 1148 of 2024, State Vs. Aman Singh alias Mukund Singh and others, under sections 376, 323, 504, 506, IPC, police station: Ahirauli Bazar, District: Kushinagar arising out of Case Crime No. 49 of 2024 pending in the court of Session Judge, Kushinagar at Padrauna, and/or pass any other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing the present application under Section 528 BNSS without availing statutory remedy available under Section 250 BNSS Cr.P.C. 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. 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 applicant proceeded to address the Court on merits of this application. However, after some time he gave up the prayer prayed for by means of present application and submitted that applicant be permitted to seek his remedy of discharge under Section 250 BNSS before Court below. 6. Having heard the learned counsel for applicant, 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 applicant 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 off finally with liberty to applicant to approach Court below by filing a discharge application in terms of Section 250 BNSS seeking his discharge in above mentioned criminal case. In case, such a discharge application is filed by applicant 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 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 :- 19.3.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad