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Neutral Citation No. - 2025:AHC:67188 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 13256 of 2025 Applicant :- Ramayan Bhardwaj Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- S.S. Sharma,Sanjay Kumar Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate for the State of U.P. 2-The instant application under Section 528 BNSS, 2023 has been preferred by the applicant with a prayer to quash the charge-sheet dated 21.11.2023, cognizance order dated 25.11.2023 and entire criminal proceeding of Sessions Case No. 2769 of 2023 (State vs. Yadvendra Singh & Others) arising out of Case Crime No. 003 of 2023, under Sections 7/12/13(1)(B)/13(2) of Prevention of Corruption Act, Police Station Anti-Corruption, District Azamgarh pending in the court of learned Additional District Judge/Special Judge (P.C. Act), Court No. 5, Gorakhpur. 3-During the course of argument, learned A.G.A. pointed out that the instant application has been preferred by the applicant at the belated stage. The applicant has already preferred a discharge application on 21.06.2024, which is still pending before the trial court, hence, he cannot avail simultaneously two remedies. 4-In response, learned counsel for the applicant does not dispute the aforesaid fact and submits that a suitable direction may be issued to the trial court to decide the discharge application of the applicant expeditiously.
5-In view of the above, the relief as sought for by means of this application is hereby refused. However, considering the facts of this case, the trial court is directed to decide the discharge application of the applicant in accordance with law within three weeks' from the date of production of certified copy of this order before it. 6-With the aforesaid observation and direction, the instant application stands disposed of. Order Date :- 30.4.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad