Neutral Citation No. - 2025:AHC:26419 Court No. - 71 Case :- APPLICATION U/S 482 No. - 43404 of 2024 Applicant :- Allha Jilahi And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sachin Malik Counsel for Opposite Party :- Avinash Pandey,G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Sachin Malik, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. Applicants Allha Jilahi and Chand Miyan @ Chandu, who are charge sheeted accused, have 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 this application and the entire criminal proceedings against the applicants may be quashed, in Special case no 4921 of 2024 (State versus Allha Jilahi & Another) under sections 363, 366, 376, 323, 109 I.P.C. and, 5/6, 16/17 Pocso Act, in view of the charge sheet No 02, dated 15.03.2024, & cognizance order dated 3.8.2024. Police Station- Kairana, District- Shamli, pending in the Court of Additional District and Sessions Judge, Special judge (POCSO), Act It is further prayed that this Hon'ble court be pleased to stay the further proceedings in Special case no 4921 of 2024 (State versus Allha Jilahi & Another) under sections 363, 366, 376, 323, 109 I.P.C. and, 5/6, 16/17 Pocso Act, in view of the charge sheet No 02, dated 15.03.2024, & cognizance order dated 3.8.2024. Police Station- Kairana District- Shamli, pending in the Court of Additional District and Sessions Judge, Special judge (POCSO), Act, during pendency of the instant application. And / or such and further order that this Hon'ble court deem fit and proper in the facts and circumstances of the case. So that justice be done." 4. At the very outset, the learned A.G.A. submits that applicants have 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 applicants could not overcome the same. 6. Having heard the learned counsel for applicants, 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 applicants 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 :- 24.2.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad