Neutral Citation No. - 2025:AHC:7065 Court No. - 71 Case :- APPLICATION U/S 482 No. - 37461 of 2024 Applicant :- Pankaj Kumar Dhuriya And Another Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Dinesh Singh,Shiv Kumar Kesari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Shiv Kumar Kesari, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1 2. Perused the record. 3. Applicants-Pankaj Kumar Dhuriya and Shiv Murat, who are 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 may kindly be pleased to allow this application and quash the entire proceeding including the impugned Charge Sheet dated 05.05.2024 as well as Cognizance/ Summoning Order dated 22.07.2024 passed by Learned Special Judge (POCSO Act), Allahabad in Sessions Trial No. 1760 of 2024 (State Versus Pankaj and Another) arising out of Case Crime No. 40 of 2024, Under Sections 323, 504, 506, 376 of I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, Police Station- Bara, District- Prayagraj, pending in the Court of Learned Special Judge (POCSO Act), Allahabad. It is further prayed that this Hon'ble Court graciously be pleased to stay the further proceeding of Sessions Trial No. 1760 of 2024 (State Versus Pankaj and Another) arising out of Case Crime No. 40 of 2024, Under Sections 323, 504, 506, 376 of I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, Police Station Bara, District- Prayagraj, pending in the Court of Learned Special Judge (POCSO Act), Allahabad, during the pendency of the present application before this Hon'ble Court, otherwise the applicants shall suffer an irreparable loss and injury, and/or to pass such other further order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case." 4. At the very outset, the learned A.G.A. submits that notice of present application under Section 482 Cr.P.C. has been served upon first informant/opposite party-2 on 05.11.2024. However, in spite of service on notice, neither any counter affidavit has been filed on behalf of first informant/opposite party-2 nor anyone has put in appearance on his behalf to oppose this application. 5. At the very outset, the learned A.G.A. submits that applicants have rushed to this Court by filing present application under Section 482 Cr.P.C. without availing the 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 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 482 Cr.P.C. 6. When confronted with above, the learned counsel for applicants could not overcome the same. 7. Having heard the learned counsel for applicants, 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 applicants 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 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 their discharge in above mentioned criminal case. In case, such a discharge application is filed by applicants within a period of two weeks from today alongwith 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 :- 16.1.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad