Neutral Citation No. - 2025:AHC:20906 Court No. - 71 Case :- APPLICATION U/S 482 No. - 42832 of 2024 Applicant :- Nitesh Chauhan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Chauhan,Shyama Charan Tripathi,Sumant Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Shyama Charan Tripathi, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. Applicants- Nitesh Chauhan And 2 Others, 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 present application and to quash the entire proceeding in relation to Criminal Case No. 9413/2024 (State Vs. Nitesh Chauhan and others) arising out of Case Crime No. 313/2024 under Section 302, 504 and 506 I.P.C. (in relation to Applicant No.1) and u/s 504 and 506 I.P.C. (in relation to Applicant No.2 and 3), Police Station Kotwali, District Deoria, charge-sheet dated 14.7.2024 and the impugned cognizance and summoning order dated 24.07.2024 passed by Chief Judicial Magistrate. It is further prayed that this Hon'ble Court graciously be pleased to quash the entire proceeding in relation to Criminal Case No. 9413/2024 (State Vs. Nitesh Chauhan and others) arising out of Case Crime No. 313/2024 under Section 302, 504 and 506 I.P.C. (in relation to Applicant No.1) and u/s 504 and 506 I.P.C. (in relation to Applicant No.2 and 3), Police Station Kotwali, District Deoria, charge-sheet dated 14.7.2024 and the impugned cognizance and summoning order dated 24.07.2024 passed by Chief Judicial Magistrate, during the pendency of the present application before this Hon'ble Court, otherwise the applicant shall suffer an irreparable loss and injury, and/ or to pass such other further order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case." 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 off 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 their discharge in above mentioned criminal case. In case, such a discharge application is filed by applicants 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. 9. After aforesaid order was dictated the learned counsel for applicants submits that while applicant-1 had already enlarged on bail, applicants 2 and 3 have not yet been enlarged on bail. In view of above, it is provided that applicants 2 and 3 shall also file their bail applications before Court below alongwith discharge application. Court below shall release the applicants 2 and 3 on interim bail and thereafter, decide the discharge application filed by applicants on merits. The interim bail granted to applicants 2 and 3 by Court below shall come to an end immediately upon passing of the order on the discharge application. Order Date :- 10.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad