Neutral Citation No. - 2025:AHC:72710 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 10120 of 2025 Applicant :- Anil Kumar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yash Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Yash Pratap Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Anil Kumar Jaiswal, who is a charge sheeted accused and has now 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:- (i) To quash/set aside the impugned cognizance and summoning order dated 24.10.2024 passed by Chief Judicial Magistrate, Chitrakoot upon the impugned charge sheet dated 01.10.2024, arising out case crime no. 188 of 2024, under section 64 of B.N.S. Police Station-Rajapur, District- Chitrakoot, in which the trial court has summoned the applicant to face trial in illegal and arbitrary manner, without application of judicial mind, on the basis of charge sheet filed against the applicant in tainted investigation, in complete abuse to the due procedure of law. (ii) To stay the further criminal proceedings of Session Case No. 617 of 2024 (State Vs. Anil Kumar Jaiswal), arising out case crime no. 188 of 2024, under section 64 of B.N.S. Police Station-Rajapur, District-Chitrakoot, during the pendency of the present 528 of B.N.S.S. application before this Hon'ble Court. (iii) And/or pass such other and further order as this Hon'ble Court may deem fit and proper in the circumstances of the case, otherwise the applicants 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 threadbare 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 charge sheet 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. On the above premise, the learned A.G.A. 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 applicant 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 case. In case, such a discharge application is filed by applicant before Court below 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 and 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 :- 6.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad