Neutral Citation No. - 2025:AHC:6348 Court No. - 71 Case :- APPLICATION U/S 482 No. - 37612 of 2024 Applicant :- Vikas Yadav @ Vikki Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Noor Muhammad, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Vikas Yadav @ Vikki, 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 Honble Court may graciously be pleased to allow this application and quashed the charge sheet dated 29.11.2023 as well as summoning order dated 15.12.2023 passed by Additional Session Judge/ Additional Special Judge (POCSO) Court No.2, Firozabad in P.S.T. No. 584 of 2023 arising out of case crime no. 584 of 2023 under section 363, 366, 376 I.P.C., 3/4 POCSO Act & 3(2)(v) S.C./S.T. Act, Police Station Jasrana, District Firozabad. It is further prayed that during the pendency of the present application further proceeding of P.S.T. No. 584 of 2023 arising out of case crime no. 584 of 2023 under section 363, 366, 376 I.P.C., 3/4 POCSO Act & 3(2)(v) S.C./S.T. Act, Police Station Jasrana, District Firozabad pending in the court of Additional Session Judge/ Additional Special Judge (POCSO) Court No.2, Firozabad and/or to pass such other and further order which this Hon'ble Court may deem fit and proper under the present facts and circumstances of the case." 4. At the very outset, the learned A.G.A. submits that applicant has 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. 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 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. 7. Accordingly this application is disposed of finally with a direction to the applicant 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 applicant 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. 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 :- 15.1.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad