Neutral Citation No. - 2025:AHC:46034 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9509 of 2025 Applicant :- Pushpendra Giri @ Pushpendra Bharti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Imtiaz Husain Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Sri Imtiaz Husain, the learned counsel for applicant and the learned AGA for State-opposite party-1. 2. Perused the record. 3. Applicant- Pushpendra Giri @ Pushpendra Bharti, who is a charge-sheeted accused and is facing trial before Court below has approached this Court by means of present application under Section 528 of BNSS with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and quash the impugned cognizance order dated 16.08.2024 (Annexure-1) as well as entire proceeding of Session Trial No. 398 of 2024, (State Vs Pushpendra Giri), arising out of Charge Sheet dated 16.07.2024 in Case Crime No. 184 of 2024, Under Sections 452 and 376 LPC.. Police Station Asmoli, District- Sambhal, pending in the Court of learned Additional District and Session Judge, Court No. 1, Sambhal. It is, further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Session Trial No. 398 of 2024, (State Vs Pushpendra Giri), arising out of Charge Sheet dated 16.07.2024 in Case Crime No. 184 of 2024, Under Sections 452 and 376 I.P.C., Police Station Asmoli, District-Sambhal. pending in the Court of learned Additional District and Session Judge, Court No. 1, Sambhal, during the pendency of present Cri. Misc. Application before this Hon'ble Court, and / or pass any such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case. So that justice may be done with the applicant, otherwise the applicant will suffer great irreparable loss and injury." 4. At the very outset, the learned AGA has raised a preliminary objection by contending that the chargesheet/police report submitted by the Investigating Officer in terms of Section 173 sub- clause 2 Cr.P.C. against applicant has not been impugned in the present application. As such the present application is directed against consequential proceedings. It is by now well settled that no application under Section 528 of BNSS would lie against consequential proceedings only. On the above premise, the learned AGA submits that this application is liable to be dismissed. 5. When confronted with above, the learned counsel for applicant contends that interest of justice shall be served in case liberty is granted to applicant to approach the court below and seek discharge in terms of Section 250 BNSS. 6. The learned AGA representing State-opposite party-1 has no objection to the aforesaid prayer made by the learned counsel for applicant. 7. Having heard the learned counsel for applicant, the learned AGA 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 of finally with liberty to applicant to approach court below and seek discharge by moving a discharge application in terms of Section 250 BNSS along with a certificate copy of this order within a period of two weeks from today. In case, such a discharge application is filed by applicant within the period mentioned above, court below shall thereafter decide the same by a reasoned and speaking order within a period of two months thereafter. 9. It goes without saying that till the disposal of discharge application, no further proceedings shall be taken by court below against the applicant. Order Date :- 2.4.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad