Neutral Citation No. - 2025:AHC:7219 Court No. - 71 Case :- APPLICATION U/S 482 No. - 38696 of 2024 Applicant :- Asif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Rajesh Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant Asif, 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 may graciously be pleased to allow the application and quashed the charge-sheet dated 26.02.2024 and cognizance and summoning order dated 24.07.2024 as well as entire proceedings of case No. 23350/2024 (State Versus Asif) pending in the court of Additional Chief Judicial Magistrate Court No. 1 Fatehpur bearing case crime No. 03/2024 U/S 376(2) (n), 506 of I.P.C., P.S. Sultanpur Ghos District Fatehpur. It is further prayed that this Hon'ble court may kindly be please to stay the further the further proceeding of case No. No. 23350/2024 (State Versus Asif) pending in court of Additional Chief Judicial Magistrate Court No. 1 Fatehpur case crime No. 03/2024 U/S 376(2) (n), 506 of I.P.C., P.S. Sultanpur Ghos District Fatehpur, and or passed such other and further order which Hon'ble court may deem fit and proper in the circumstances of the case 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 off 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 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. 9. After aforementioned order was dictated, the learned counsel for applicant submitted that applicant had not been enlarged on bail. In view of above, the applicant shall surrender before court below and file his application for bail. The court below shall enlarge the applicant on interim bail and thereafter decide the application for discharge. The interim bail granted to the applicant shall come automatically to an end upon disposal of the discharge application by court below. Order Date :- 15.1.2025 Aiman/Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad