Neutral Citation No. - 2025:AHC:72507 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 10736 of 2025 Applicant :- Ashish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Meraj Ahmad Khan, the learned counsel for applicant and the learned AGA for State-opposite party-1. 2. Perused the record. 3. Applicant- Ashish, 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 quash the impugned charge sheet No.33/34 dated 01.02.2024 and summoning Chief cognizance/order dated 06.01.2025 passed by Judicial Magistrate, Sambhal and Chandausi in Case No.80 of 2025, State Versus Ashish, (Arising out of case Crime NO.645 of 2023), Under Section I.P.C., Police 452, Station 354 (B),504,506,376 Bahjoi, District Sambhal. Pending in the court of Chief Judicial Magistrate Sambhal at Chandausi. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case No.80 of 2025, State Versus Ashish, (Arising out of case Crime NO.645 of 2023), Under Section 452, 354 (B),504,506,376 I.P.C., Police Station Bahjoi, District Sambhal. Pending in the court of Chief JudicialMagistrate Sambhal pendency of the Application before at Chandausi, during the present Criminal Misc. this Hon'ble Court, otherwise the applicant shall suffer an irreparable loss and injury. And/or pass such other and further order as this Hon'ble Court may deem fit and proper under the fact and circumstances of the 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 :- 6.5.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad