Neutral Citation No. - 2025:AHC:51458 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 11587 of 2025 Applicant :- Shrawan Singh Alias Shravan Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajai Kumar,Ajay Kumar(A) Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ajai Kumar, the learned counsel for applicant and the learned A.G.A. for State/opposite party-1. 2. Perused the record. 3.Appicant- Shrawan Singh Alias Shravan Kumar Singh, who is a charge sheeted accused and has 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 please to allow this application and quash the impugned cognizance/ summoning order dated 19.12.2024 passed by the learned Judicial Magistrate, IIIrd Gorakhpur in Criminal Case No. 284 of 2025 (State Versus Shravan Kumar Singh) in connection with Charge Sheet dated 27.11.2024 registered as Case Crime no. 0461 of 2024 under sections 69, 89, 351 (3), 352 of B.N.S. 2023, P.S. Geeda, District Gorakhpur pending in the court of learned Judicial Magistrate, IIIrd Gorakhpur. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further and entire proceedings in Criminal Case No. 284 of 2025 (State Versus Shravan Kumar Singh) in connection with Charge Sheet dated 27.11.2024 registered as Case Crime no. 0461 of 2024 under sections 69, 89, 351 (3), 352 of B.N.S. 2023, P.S. Geeda, District Gorakhpur pending in the court of learned Judicial Magistrate, IIIrd Gorakhpur, during the pendency of the present 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 circumstances of the case.." 4. After some argument, the learned counsel for applicant gave up the prayer prayed for by means of present application. He submits that interest of justice shall better be served in case liberty is granted to applicant to approach the court below and seek discharge in terms of Section 250 BNSS. 5. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by learned counsel for applicant. According to the learned A.G.A., the issue raised by means of present application can be examined thread bare by court below at the first instance as it has the advantage of original record. 6. Be that as it may, 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 now be served by keeping this application pending. 7. 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 decide the same by a reasoned and speaking order within a period of two months thereafter. 8. It goes without saying that Court below shall proceed against the applicant only after the disposal of discharge application. Order Date :- 9.4.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad