Neutral Citation No. - 2025:AHC:117670 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 21421 of 2025 Applicant :- Ram Briksh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Anil Kumar, learned counsel for the applicants and Sri Moti Lal, learned A.G.A. 2. Learned counsel for the applicant submits that though this is an application under Section 528 of BNSS preferred by the applicant for quashing the proceedings of Complaint Case No. 1118 of 2017 (Gorakh Nath Yadav Vs. Ram Briksh) Under Section 138 Negotiable Instruments Act, Police Station Kotwali Khalilabad, District Sant Kabir Nagar pending in the Court of Additional Chief Judicial Magistrate, Sant Kabir Nagar, however, proceedings under Section 251 of CrPC is already underway and as per instructions, he confines his relief to raise all legal and factual submissions before the court below and the court below be directed to consider the same. 3. Learned A.G.A. on the other hand has no objection to the same, however, he submits that the summoning order is dated 21.02.2018. 4. Considering the submissions raised at the Bar and the statements so sought to be made by them, the application stands disposed of leaving it open to the applicant to pursue the proceeding under Section 251 CrPC while taking all legal and factual grounds before the court below and this Court has no reason to disbelieve that the court below shall consider the same in correct perspective. Order Date :- 21.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad