Neutral Citation No. - 2025:AHC:23284 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2289 of 2025 Applicant :- Subhash Chandra Gautam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Bais,Nirbhay Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. A.K.S. Bais along with Mr. Nirbhay Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant Subhash Chandra Gautam, 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 resp prayed that this Hon'ble court may gr. be pleased to allow this application the entire proceeding of the Criminal Case No. 1524 of 2024, State Versus Chandra Gautam, arising out of the sheet dated 24.07.2024, Crime No.699 of 2023, 506, IPC submitted under section Police Station Hard District Aligarh as well as cognizance order dated 30.11.2024 pa learned J.M.3rd Aligarh. It is further prayed that this Hon'ble Court may graciously be plea stay the further proceedings of Case No. 1524 of 2024, State Versus Chandra Gautam, arising out of the sheet dated 24.07.2024, submitted in Crime No.699 of 2023, 506, IPC under section Police Station Hard District Aligarh as well as i cognizance order dated 30.11.2024 pas learned J.M.3rd of the present may be done. Aligarh. during the present application, so that justice may be done." 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