Neutral Citation No. - 2025:AHC:78141 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 16634 of 2025 Applicant :- Pushpraj Singh Alias Silpu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Kuldeep Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Pushpraj Singh Alias Silpu, who is a charge sheeted accused and facing trial before court below, has now 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 allow this application and quash the order dated 15.02.2025 passed by Additional Sessions Judge, Garautha, District Jhansi along with entire proceeding of Session Case No. 51 of 2023 (State Vs. Surjeet @ Basant Ghosh and others), arising out of Case crime no.61 of 2023 under sections 302. 504, 506 I.P.C., Police Station Tahrauli, District Jhansi, pending in the court of Additional Sessions Judge, Garautha, Jhansi, during pendency of present Criminal Misc. Application before this Hon'ble Court, and further be pleased to allow the discharge application moved by applicant, otherwise the applicants shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Session Case No. 51 of 2023 (State Vs. Surjeet @ Basant Ghosh and others), arising out of Case crime no.61 of 2023 under sections 302. 504, 506 I.P.C., Police Station Tahrauli, District Jhansi, pending in the court of Additional Sessions Judge, Garautha, Jhansi, during pendency of present application before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury this Hon'ble Court." 4. On the matter being taken up, the learned A.G.A. has raised a preliminary objection by contending that charges were framed against applicant and co- accused vide Framing of Charge Ordeer dated 03.11.2023 passed by court below in exercise of jurisdiction under Section 228 Cr.P.C.. Subsequent of above order, the trial of accused/applicant commenced before court below and upto this stage six prosecution witnesses have deposed before court below. On the above premise, he therefore submits that the discharge application filed by applicant in terms of Section 227 Cr.P.C. at such a belated stage was not maintainable. He has also referred to the judgement of Supreme Court in Ratilal Bhanji Mithani Vs. State of Maharastra and others, 1979 (2) SCC 179, where in the Apex Court has observed that once the charges have been framed the question of discharge becomes academic. In view of above, no illegality has been committed by court below in passing the order impugned. He therefore submits that in view of above, no interference is warranted by this Court in present application. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. 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 the preliminary objections raised by the learned A.G.A. in opposition to this application under Section 528 BNSS is not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record. As such no occasion arises before this Court to entertain the present application. 7. As a result, present application fails and is liable to be dismissed. 8. It is accordingly dismissed. Order Date :- 13.5.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad