Neutral Citation No. - 2025:AHC:17051 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 1778 of 2025 Applicant :- Latoori Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhay Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Abhay Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant- Latoori, who is a charge sheeted accused, 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 impugned Charge Sheet dated 26-09-2024 under sections 87, 64(1), 137(2), 64(2)(m) the Bharatiya Nyaya Sanhita (B.N.S.), 2023 and Sections 3, 4, 5l, 6 of The Protection of Children from Sexual Offences Act, 2012 Police Station Fatehganj East, District Bareilly filed in pursuance of the First Information Report dated 18-07-2024 registered as Case Crime No. 191 of 2024 in which cognizance has been taken on 30-09-2024 by the learned Additional District and Sessions Judge/ Special Judge, POCSO Act, Bareilly, the summoning order dated 30- 09-2024 as well as the entire proceedings of Case No. 312 of 2024 "State Vs. Latoori" under sections 87, 64(1), 137(2), 64(2)(m) the Bharatiya Nyaya Sanhita (B.N.S.), 2023 and Sections 3, 4, 5l, 6 of The Protection of Children from Sexual Offences Act, 2012 Police Station Fatehganj East, District Bareilly pending before the learned Additional District and Sessions Judge/ Special Judge, POCSO Act, arising out of Case Crime No. 191 of 2024. Bareilly, It is further prayed that this Hon'ble Court may further be pleased to stay the further proceedings of Case No. 312 of 2024 "State Vs. Latoori" under sections 87, 64(1), 137(2), 64(2)(m) the Bharatiya Nyaya Sanhita (B.N.S.), 2023 and Sections 3, 4, 51, 6 of The Protection of Children from Sexual Offences Act, 2012 Police Station Fatehganj East, District Bareilly pending before the learned Additional District and Sessions Judge/ Special Judge, POCSO Act, Bareilly, arising out of Case Crime No. 191 of 2024 and to further direct the authorities to not to take any coercive steps as against the Applicant during the pendency of the present application under Section 528 the B.N.S.S., 2023 or to pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the Applicant shall suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. submits that notice of present application has been served upon opposite party-4 on 16.01.2025. However, in spite of service of notice upon opposite party-4 neither any counter affidavit has been filed by first informant opposite party-4 nor anyone has put in appearance on his behalf to oppose this application even in revised call. 5. At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing the 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 threadbare 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. 6. When confronted with above, the learned counsel for applicant could not overcome the same. 7. Having heard the learned counsel for applicant, 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 applicant 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. 8. Accordingly this application is disposed off finally with a direction to the applicant to approach Court below by filing a discharge application in terms of Section 250(2) BNSS seeking his discharge in above mentioned criminal case. In case, such a discharge application is filed by applicant within a period of two weeks from today along with 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. 9. 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 :- 6.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad