Neutral Citation No. - 2025:AHC:20898 Court No. - 71 Case :- APPLICATION U/S 482 No. - 40011 of 2024 Applicant :- Shivam Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Gaurav Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Shivam Jaiswal, 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 stay the charge sheet dated 30.09.2023 and summoning order dated 19.09.2024 as well as entire criminal proceedings of Case No.3325/2024 (State Vs. Shivam Jaiswal) arising out of Case Crime No.124/2023 u/s 376 & 504 IPC, Police Station Shivkuti, District Prayagraj, pending in the court of A.C.J.M, Room No.2, Allahabad, during pendency of the present criminal misc. application. It is further prayed that this Hon'ble Court graciously be pleased to quash the charge sheet dated 30.09.2023 and summoning order dated 19.09.2024 as well as entire criminal proceedings of Case No.3325/2024 (State Vs. Shivam Jaiswal) arising out of Case Crime No.124/2023 u/s 376 & 504 IPC, Police Station Shivkuti, District Prayagraj, pending in the court of A.C.J.M, Room No.2, Allahabad. And or/may pass such other and further order which may be deem fit proper present facts and circumstances of the case. Otherwise, the 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 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. Order Date :- 13.2.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad