Neutral Citation No. - 2025:AHC:46616 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9884 of 2025 Applicant :- S Juvenile Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dushyant Singh,M.C. Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Dushyant Singh, the learned counsel for applicant, and the learned A.G.A. for State/opposite party-1. Perused the record. At the very outset, the learned A.G.A. submits that notice of this application under section 528 BNSS has been served upon first informant/opposite party-2 on 21.3.2025. However, inspite of service of notice, neither any counter affidavit has been filed by first informant/opposite party-2 in opposition to this application nor anyone has put in appearance on his behalf to oppose this application even in revised call. Appicant-S Juvenile a charge sheeted accused and also facing trail before concerned Juvenile justice Board 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 kindly be pleased to allow this application and to quash the entire proceedings of case No. 87 of 2024, State Vs. Sumit, pending in the court of Juvenile Justice Board, Bulandshahr, including the cognizance order dated 27.06.2024, and the charge sheet no. 92 of 2024, dated 16.05.2024, filed in Case crime no. 98 of 2024, Under Sections 363, 376(3) I.P. C. and u/s 3/4 POCSO Act, P.S. Chola, District - Bulandshahr . It is further prayed that the Hon'ble Court may be pleased to stay the further proceedings of case No. 87 of 2024, State Vs. Sumit pending in the court of Juvenile Justice Board, Bulandshahr, arises out of Case crime no. 98 of 2024, Under Sections 363, 376(3) I.P.C. and u/s 3/4 POCSO Act P.S. Chola, District - Bulandshahr and/or to pass such other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." Learned counsel for applicant initially tried to impress upon the court regarding the legality of proceedings pending against accused applicant before court below. However, he subsequently gave up the prayer prayed for by means of present application. Learned counsel for applicant thus submits that interest of justice shall be served in case the liberty is granted to applicant to approach the court below and seeks discharge in terms of Section 250 BNSS. Learned A.G.A. representing State-1 opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 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 by keeping this application pending. Accordingly, this application is disposed of finally with liberty to applicant to appear before Court below and file a discharge application in terms of section 250 BNSS within a period of two weeks from today along with a certified copy of this order. In case, such a discharge application is filed by applicant, within the prescribed period, Court below shall thereafter decide the same by a reasoned and speaking order within a period of two months thereafter. It goes without saying that Court below shall proceed against the applicants only after the disposal of discharge application. Order Date :- 3.4.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad