Neutral Citation No. - 2025:AHC:61917 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 8816 of 2025 Applicant :- Angad Sahani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Kamal Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Angad Sahani, who is charge sheeted accused and has been summoned by Court below, 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 proceeding of Criminal Case No. 26553 of 2024 (State Vs. Angad Sahant) arising out of Case Crime No. 57 of 2022, Under Sections- 328, 376, 506, 509 IPC & 67-A of Information Technology (Amendment) Act, 2008, Police Station - Ghosi, District - Mau, pending in the court of Chief Judicial Magistrate, Mau. It is further prayed that this Honble court may be pleased to stay the further proceeding of Criminal Case No. 26553 of 2024 (State Vs. Angad Sahani) arising out of Case Crime No. 57 of 2022, Under Sections- 328, 376, 506, 509 IPC & 67-A of Information Technology (Amendment) Act, 2008, Police Station - Ghosi, District - Mau, pending in the court of Chief Judicial Magistrate, Mau. It is further prayed that this Hon'ble court may be pleased to quash the charge sheet dated 20.04.2022 submitted by Investigating officer in Case Crime No. 57 of 2022, Under Sections 506, 509-kha IPC & 67-a of Information Technology (Amendment) Act, 2008, Police Station - Ghosi, District - Mau against the applicant. It is further prayed that this Hon'ble court may be pleased to quash the summoning order dated 07.10.2024 passed by learned Chief Judicial Magistrate, Mau in Criminal Case No. 26553 of 2024 (State Vs. Angad Sahani) arising out of Case Crime No. 57 of 2022, Under Sections-328, 376, 506, 509 IPC & 67-A of Information Technology (Amendment) Act, 2008, Police Station - Ghosi, District - Mau, pending in the court of Chief Judicial Magistrate, Mau, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of this case, otherwise the applicant shall suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that applicant has rushed to this Court by filing the present application under Section 528 BNSS without availing statutory alternative remedy under Section 250 BNSS. 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. Learned A.G.A. further submits that Court below can easily return findings on the issues as to whether as per the papers accompanying the police report any offence is made out against applicant or not, whether there is any evidence against applicant and whether the prosecution of applicant can be sustained on account of grave suspicion. It is further submitted by the learned A.G.A. that the statement of all witnesses so nominated in the charge sheet and recorded under section 161 Cr.P.C. have not been brought on record. As such material collected by Investigating Officer on the basis of which he formed the opinion to submit charge sheet is not before the Court. As such, no interference is warranted by this Court in view of judgment of Supreme Court in Kaptan Singh Vs. State of U.P and Others, 2021 SCC Online SC 580. On the above premise, the learned A.G.A. thus submits that no interference is warranted by this Court in present application. 5. When confronted with above, the learned counsel for applicant proceeded to address the Court on the merits of this application. However, after some arguments he fairly gave up the prayer made by means of present application. He submits that interest of justice shall be served, in case, liberty is granted to applicants to approach Court below by moving a discharge application in terms of Section 250 BNSS. 6. Learned A.G.A. representing State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 7. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that no useful purpose shall be served in keeping this application pending. 8. Accordingly this application is disposed off finally with liberty to the applicant to approach Court below by moving 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 concerned shall decide the same by a reasoned and speaking order in the light of the observations made by Apex Court in Sanjay Kumar Rai Vs. State of Uttar Pradesh and Another (2022) 15 SCC 720 within a period of two months thereafter, provided there is no other legal impediment. 9. It goes without saying that till the disposal of discharge application as directed above, Court below shall not proceed further against applicant. Order Date :- 23.4.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad