Ajeet Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:55009

Court No. - 70

Case :- APPLICATION U/S 528 BNSS No. - 12321 of 2025

Applicant :- Ajeet Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kaushik Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Deepak Kaushik, the learned counsel for applicant and the learned A.G.A. for State/opposite party-1.

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Perused the record.

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Applicant- Ajeet who is a charge sheeted accused and has been summoned by Court below has approached this Court by means of present application under section 528 BNSS with the following prayer:

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"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Impugned charge sheet No. 235 of 2024 dated 28.10.2024 as well as cognizance order dated 11.11.2024 in S. T. No. 55 of 2025 (State Vs. Ajeet) in case Crime No.0245 of 2024, under section 69 of B.N.S., Police station Bilaspur, District-Rampur pending before Additional Sessions Judge First, Rampur.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding in S. T. No. 55 of 2025 (State Vs. Ajeet) in case Crime No.0245 of 2024, under section 69 of B.N.S., Police station Bilaspur, District-Rampur pending before Additional Sessions Judge First, Rampur during the pendency of this criminal misc. application before this Hon'ble Court and/or to pass such other and further orders which this Hon'ble Court may be deem fit and proper under the facts and circumstances of this case."

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At the very outset, the learned A.G.A. raised a preliminary objection by contending that applicant has rushed to this Court by filing present application under Section 528 BNSS. without availing the statutory remedy available under Section 250 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.

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Learned counsel for applicant initially tried to impress upon the court regarding the legality of proceedings pending against

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accused applicant before court below. However, he subsequently gave up the prayer prayed for by means of present application.

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Learned counsel for applicant thus submits that interest of justice shall be served in case liberty is granted to applicant to approach the court below and seek discharge in terms of Section 250 BNSS.

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Learned A.G.A. representing State/opposite party-1 has no objection to the prayer made by the learned counsel for applicant.

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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 by keeping this application pending, since court below has the advantage of original record therefore, court below can decide effectively as to whether as per the papers accompanying the police report any offence is made out against or whether there is any evidence against applicant or not or there is grave suspicion against applicant.

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Accordingly, this application is disposed of finally with liberty to applicant to appear before Court below and file a discharge application in terms of section 250 BNSS within a period of two weeks from today along with a certified copy of this order. In case, such a discharge application is filed by applicant, within the prescribed period, Court below shall thereafter decide the same by a reasoned and speaking order within a period of two months thereafter, provided there is no legal impediment.

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It goes without saying that Court below shall proceed against the applicant only after the disposal of discharge application.

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Order Date :- 15.4.2025 Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Ajeet v. State of U.P. and Another

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