Neutral Citation No. - 2025:AHC:73998 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 14502 of 2025 Applicant :- Salman And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Umair Mahmood, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1 2. Perused the record. 3. Applicants-Salman And 7 Others, who are named and charge sheeted accused ans also facing trial before court below, have 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 most graciously be pleased to allow this application to quash the entire proceedings of case crime no. 1101 of 2018 (State of U.P. Vs. Salman and others) under section 147,452,323,504,506,376 IPC at P.S. Kotwali Shaher, District- Bijnor, pending in the court of ACJM 1st Bijnor. as well as quash the Cognizance order dated 06.12.2022 passed by Chief Judicial Magistrate Bijnor, arising out of Case Crime no. 1101 of 2018 as well as quash the chargesheet no. 125 of 2019 dated 23.03.2019. It is, further, most respectfully prayed that this Hon'ble Court may most graciously be pleased to stay the entire proceedings of case crime no. 1101 of 2018 (State of U.P. Vs. Salman and others) under section 147,452,323,504,506,376 IPC at P.S. Kotwali Shaher, District Bijnor, pending in the court of ACJM 1st Bijnor, as well as Stay the Cognizance order dated 06.12.2022 passed by Chief Judicial Magistrate Bijnor, arising out of Case Crime no. 01101 of 2018 as well as Stay the chargesheet no. 125 of 2019 dated 23.03.2019, during the Section pendency of present application Under 528 of BNSS before this Hon'ble Court, otherwise the Applicants shall suffer grave irreparable loss and injury. And/or pass any other and further order which this Hon'ble Court deem fit and proper in the circumstances of the case." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that applicants have rushed to this Court by filing the present application under Section 528 BNSS without availing statutory alternative remedy under Section 227 Cr.P.C./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 applicants or not, whether there is any evidence against applicants and whether the prosecution of applicants can be sustained on account of grave suspicion. On the above premise, the learned A.G.A. thus submits that no interference is warranted by this Court in present application. 5. When confronted with above, the learned counsel for applicants 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 227 Cr.P.C./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 applicants, 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 the applicants to approach Court below by moving a discharge application in terms of Section 227 Cr.P.C./250 BNSS seeking their discharge in above mentioned criminal case. In case, such a discharge application is filed by applicants 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 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 :- 7.5.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad