Neutral Citation No. - 2025:AHC:21845 Court No. - 71 Case :- APPLICATION U/S 482 No. - 40087 of 2024 Applicant :- Deepak Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagdish Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Jagdish Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Deepak Rajbhar, 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 present application and quashed Cognizence order dated 11.03.2024 and Charge Sheet dated 26.02.2024 as well as entire proceeding of Session Trial No. 262 of 2024 (State Vs. Deepak Rajbhar) arising out of Case Crime No. 0045 of 2024 Under Section 376, 313, Indian Penal Code, Police Station Kotwali District Deoria pending in the court of Learned Additional Session Judge/F.T.C. II Deoria. It is further prayed that this Hon'ble court may be pleased to stay the further proceeding along with Cognizence order dated 11.03.2024 and Charge Sheet dated 26.02.2024 as well as entire proceeding of Session Trial No. 262 of 2024 (State Vs. Deepak Rajbhar) arising out of Case Crime No. 0045 of 2024 Under Section 376, 313, Indian Penal Code, Police Station Kotwali District Deoria pending in the court of Learned Additional Session Judge/F.T.C. II Deoria, during the pendency of the present petitioner under Section 482 Cr.P.C. before this Hob'le Court, and/or may pass such other and further order, which this Hon'ble Court may deem fit and proper in the circumstances of the case otherwise applicants 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 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 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 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 :- 14.2.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad