Neutral Citation No. - 2025:AHC:7255 Court No. - 71 Case :- APPLICATION U/S 482 No. - 39643 of 2024 Applicant :- Rahul Rajbhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr.Sanjay Kumar Yadav, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant Rahul 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 be pleased to quash the Summoning order 23.07.2024 issued by the Judicial Magistrate, Court No. 19, Azamgarh, charge sheet dated 16.06.2024 as well as entire criminal proceeding in Case No. 186 of 2024 (State Vs. Rahuj Rajbhar) under Sections 376 I.P.C., Police Station Bardah, District Azamgarh pending in the court of Judicial Magistrate, Court No. 19, Azamgarh. It is further prayed that during the pendency of the present application before this Hon'ble Court be pleased to stay the further proceedings of Case No. 186 of 2024 (State Vs. Rahuj Rajbhar) under Sections 376 I.P.C., Police Station Bardah, District Azamgarh pending in the court of Judicial Magistrate, Court No. 19, Azamgarh, ending in the court of Judicial Magistrate, Court No. 19, Azamgarh, and/or to pass such other and further order as this Hon'ble Court may deem fit and proper." 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 :- 16.1.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad