Neutral Citation No. - 2025:AHC:41101 Court No. - 70 Case :- APPLICATION U/S 482 No. - 44815 of 2024 Applicant :- Ajay Bahadur Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Joveen Kumar,Nripendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Joveen Kumar, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant- Ajay Bahadur, 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 present application and quashed the entire criminal proceeding of charge-sheet dated 02.02.2019 arising out of Case Crime No. 249 of 2018 (State Versus Ajay Bahadur) under section 363, 366, 376, 342 I.P.C. Police Station Baharia, District Allahabad as well as cognizance dated 08.02.2019, pending in the learned Judicial Magistrate-IInd Allahabad. It is further prayed that during the pendency of the instant application before this Hon'ble Court the proceeding of charge- sheet dated 02.02.2019 alongwith cognizance order dated 08.02.2019 (State Versus Ajay Bahadur) arising out of Case Crime No. 249 of 2018, under section 363, 366, 376, 342 I.P.C. Police Station Baharia District Allahabad pending in the court of learned Judicial Magistrate Iind, Allahabad may kindly be stayed, otherwise the applicant shall suffer irreparable loss and injuries. And/or may pass such other and further order which this Hon'ble Court may deem fit and proper, under the facts and 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, 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 :- 20.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad