Neutral Citation No. - 2025:AHC:41042 Court No. - 70 Case :- APPLICATION U/S 482 No. - 42134 of 2024 Applicant :- Bhanu Pratap Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Pandey,Saurabh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Santosh Kumar Pandey, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant- Bhanu Pratap Singh, 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 instant 482 application and set-a-side/quash the Charge-sheet Dt. 13.06.2024 as well as cognizance order Dt. 14.10.2024 passed by Learned Chief Judicial Magistrate, Farrukhabad District Farrukhabad in Case No.13618 of 2024, Case Crime No.67 of 2024 U/S 376, 506 IPC, Police Station Maudarwaja District Farrukhabad by which the learned Magistrate summoned the Applicant Under Section 376, 506 IPC as well as quash the entire proceeding of Case No.13618 of 2024, Case Crime No.67 of 2024 U/S 376, 506 IPC, Police Station Maudarwaja District Farrukhabad, pending in the Court of Learned Chief Judicial Magistrate, Farrukhabad District Farrukhabad, Otherwise the Applicant shall suffer irreparable loss and hardship. It is further prayed that this Hon'ble court may graciously be pleased to stay the further proceedings of Case No.13618 of 2024, Case Crime No.67 of 2024 U/S 376, 506 IPC, Police Station Maudarwaja District Farrukhabad, pending in the Court of Learned Chief Judicial Magistrate, Farrukhabad District Farrukhabad, during the pendency of present Cr. Misc. application U/S 482 Cr.P.C. before this Hon'ble Court. And/Or pass such other and further order as this Hon'ble court may deem fit and proper under the circumstances of the case." 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 227 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 proceed to argue the matter but subsequently gave up the prayer prayed for by means of present application. He submits that considering the facts and circumstances of the case, interest of justice shall better be served in case, applicant is permitted to approach Court below by moving a discharge application in terms of Section 227 Cr.P.C. 6. Learned A.G.A. for State-opposite party-1 has no objection to the prayer made by the learned counsel for applicant. 7. Accordingly this application is disposed off finally with liberty to applicant to approach Court below by filing a discharge application in terms of Section 227 Cr.P.C. seeking his discharge in above mentioned 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, then 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. Order Date :- 19.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad