Neutral Citation No. - 2025:AHC:62765 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 10032 of 2025 Applicant :- Pradeep Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- R S Dubey,Savita Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. R S Dubey, the learned counsel for applicant and the learned AGA for State-opposite party-1. 2. Perused the record. 3. Applicant- Pradeep Singh, who is a charge-sheeted accused and facing trial before 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 Special Trial No. 85 of 2019 (State Vs. Pradeep Singh and others) arising out of Case Crime No. 12 of 2018 Under Section 354-B, 452, 376 IPC and 3/4 POCSO Act, P.S. Rampur Karkhana, District Deoria and Charge sheet dated 22-07-2019 as well as summoning order dated 11-02-2025 passed by Additional District and Session/Special Judge (POCSO Act), Court No. 1, Deoria. And it is further prayed that this Hon'ble court may be pleased to Stay the further proceeding of Special Trial No. 85 of 2019 (State Vs. Pradeep Singh and others) arising out of Case Crime No. 12 of 2018 Under Section 354-B, 452, 376 IPC and 3/4 POCSO Act, P.S. Rampur Karkhana, District Deoria and Charge sheet dated 22-07-2019 as well as summoning order dated 11-02-2025 passed by Additional District and Session/Special Judge (POCSO Act), Court No. 1, Deoria, during pendency of this Criminal Misc. Application before this Hon'ble court. And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case." 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 contended by the learned AGA that since the entire material collected by the Investigating Officer during course of investigation 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 the 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 present application is liable to be dismissed by this Court. 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 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 the case of 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 :- 24.4.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad