Neutral Citation No. - 2025:AHC:23337 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2290 of 2025 Applicant :- Vansh Chaudhary Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.,Mukesh Kumar Pandey Hon'ble Rajeev Misra,J. 1. Heard Mr. Bhuvnesh Kumar Singh, the learned counsel for applicant, the learned A.G.A. for State and Mr. Rajesh Kumar, Advocate, holding brief of Mr. Mukesh Kumar Pandey, the learned counsel representing first informant opposite party 2. 2. Perused the record. 3. Applicant Vansh Chaudhary, who is a charge sheeted accused, has 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 graciously be pleased to quash the entire proceedings of Criminal Case 39051 of 2024 (State Vs. Vansh Chaudhary) arising out of Crime No of 2024 under section 366, 376 I.P.C., at P.S.-Kiratpur, District-Bij pending before C.J.M., Bijnor as well as to quash the impugned cha sheet dated 15.07.2024 submitted by the Investigating Officer aforementioned case and to quash the impugned summoning/cognizan order dated 24.09.2024 with all consequential effects and orders passed b C.J.M., Bijnor in aforementioned case. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Criminal Case No. 39051 of 2024 (State Vs. Vansh Chaudhary) arising out of Crime No.112 of 2024 under section 366, 376 I.P.C., at P.S.-Kiratpur, District-Bijnor pending before C.J.M., Bijnor, during the pendency of the present Criminal Misc. Application, otherwise the applicant shall suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. submits that applicant has rushed to this Court by filing the present application under Section 482 Cr.P.C. without availing statutory remedy available under Section 227 Cr.P.C. 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 482 Cr.P.C. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. 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. 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 227 Cr.P.C. 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. 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 :- 18.2.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad