Neutral Citation No. - 2025:AHC:58620 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 2683 of 2025 Applicant :- Dinesh Alias Danish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Shekhar Gangal, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. On the matter being taken up, the learned A.G.A. for State- opposite party-1 submits that notice of present application under Section 528 BNSS. has been served upon first informant opposite party No.2 on 10.01.2025. However, in spite of service of notice upon first informant opposite party-2 neither any counter affidavit has been filed by first informant/opposite party No.2 in opposition to this application nor anyone has put appearance on her behalf to oppose this application even in revised call. 4. Learned counsel for applicant before proceeding to address the Court on this application submits that due to inadvertence, the High Court Legal Services Committee, High Court, Allahabad and the District Legal Services Committee, Aligarh who are necessary and proper parties could not be impleaded as party respondents in present application. He, therefore, seeks permission of Court to amend the cause title of this application by impleading aforementioned authorities as party respondents/opposite parties 3 and 4. 5. Prayer made by the learned counsel for applicant is bona-fide. Same is not opposed by the learned A.G.A. 6. Accordingly, it is allowed. 7. Let, necessary amendment in the cause title of this application be carried out by the learned counsel for applicant by impleading the High Court Legal Services Committee, High Court, Allahabad and the District Legal Services Committee, Aligarh as opposite parties 3 and 4, during course of the day. 8. Applicant-Dinesh Alias Danish, who is a charge sheeted accused and who has now 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 graciously be pleased to quash the charge sheet dated 27.09.2024 being charge sheet No.424/2024, arising out of Case Crime No.417 of 2024, under Section 137(2), 69, 87 Bhartiya Nyay Sanhita (B.N.S.) and Section 3/4 POCSO Act 2012, Police Station Khair, District Aligarh, including the entire proceeding of Session Case No.3526 of 2024 (State Vs. Rinku @ Govind Sharma and others), P.S. Khair, District Aligarh and also set-aside the summoning/cognizance order dated 6.11.2024 by which the applicant was summoned in the aforesaid case passed by the learned Special Judge POCSO Act 2012/Additional District and Sessions Judge, Aligarh. It is further prayed that this Hon'ble Court may kindly please to stay the further proceeding of Session Case No.3526 of 2024 (State Vs. Rinku @ Govind Sharma and others), arising out of charge sheet in Case Crime No.417 of 2024, under Section 137(2), 69, 87 Bhartiya Nyay Sanhita (B.N.S.) and Section 3/4 POCSO Act 2012, Police Station Khair, District Aligarh, pending in the Court of learned Special Judge POCSO Act 2012/Additional District and Sessions Judge, Aligarh, during the pendency of this application, otherwise applicant shall suffer irreparable loss and injury." 9. At the very outset, the learned A.G.A. has raised a preliminary objection by submitting that applicant has rushed to this Court by filing the present application under Section 528 BNSS without availing statutory alternative remedy under Section 250 BNSS. Court below can deal with the grounds raised in support of this application threadbare 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 charge sheet police report any offence is made out against applicant or not, whether there is any evidence against applicant and whether the prosecution of applicant can be sustained on account of grave suspicion. On the above premise, the learned A.G.A. submits that no interference is warranted by this Court in present application. 10. When confronted with above, the learned counsel for applicant 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 applicant to approach Court below by moving a discharge application in terms of Section 250 BNSS. 11. Learned A.G.A. representing State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 12. 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 no useful purpose shall be served in keeping this application pending. 13. Accordingly this application is disposed off finally with liberty to the applicant to approach Court below by moving a discharge application in terms of Section 250 BNSS seeking his discharge in above mentioned criminal case. In case, such a discharge application is filed by applicant before Court below 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 and 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. 14. It goes without saying that till the disposal of discharge application as directed above, Court below shall not proceed further against applicant. Order Date :- 21.4.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad