Neutral Citation No. - 2025:AHC:19272 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 998 of 2025 Applicant :- Jisaan And 5 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Kumar Yadav,Bal Krishna Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr.Bal Krishna Yadav, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants- Jisaan And 5 Others, who are charge sheeted accused have approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned cognizance/summoning order dated 11.11.2024 passed by Special Judge (POCSO Act)/Additional Sessions Judge, Bareilly in Special Case No. 368 of 2024, State VS. Farhan @ Farman, and also the entire criminal proceeding of Special Case No. 368 of 2024, State VS. Farhan Farman arising out of Case Crime No. 267/2024 under section 87/61, 64(1), 64(2)(m), 115(2), 127(4), 142 B.N.S. and Section 3/4, 5(1)/6, 16/17 POCSO Act, P.S. Shahi, District Bareilly, pending before the Special Judge (POCSO Act)/Additional Sessions Judge Bareilly, and/or may pass any other order as may deem fit and proper in the facts and circumstances of the case." 4. At the very outset, the learned A.G.A. submits that applicants have rushed to this Court by filing present application under Section 528 BNSS. without availing the statutory remedy available under Section 250(2) BNSS Learned A.G.A. further submits that 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. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application under Section 528 BNSS 5. When confronted with above, the learned counsel for applicants could not overcome the same. 6. Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record this court finds that no useful purpose shall be served in keeping this application pending, as the grounds raised by the learned counsel for applicants in support of this application can very well be examined by court below meticulously at the time of deciding the discharge application as court below has the advantage of having the original record. 7. Accordingly this application is disposed of finally with a direction to the applicants to approach court below by filing a discharge application in terms of Section 250 (2) 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 alongwith a certified copy of this order, the court below shall proceed to decide the same by a reasoned and speaking order within a period of two months thereafter, provided there is no other legal impediment. 8. It goes without saying that till the disposal of discharge application as directed above, court below shall not proceed further with the matter. Order Date :- 10.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad