Neutral Citation No. - 2025:AHC:21695 Court No. - 71 Case :- APPLICATION U/S 482 No. - 44651 of 2024 Applicant :- Rahul Kumar @ Rahul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Prakash Rai,Shrinath Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Shashi Prakash Rai, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Rahul Kumar @ Rahul, who are 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 this application and quash the charge-sheet dated 25.6.2023 filed before Learned Additional Civil Judge (J.D.)/Judicial Magistrate Court No. 1, Ghazipur in Case Crime No. 166/2022 Under Sections 380, 413, 414, 120-B I.P.C. Police Station Birno District Ghazipur (State Versus Dilip Kumar and others) so far as it is concerned with the applicant as well as order of cognizance and summoning order dated 10.7.2023 in Eriminal Case No. 43x29 68 202/ (State Versus Dilip Kumar and others) arising out of Case Crime No. 166/2022 Under Sections 380, 413, 414, 120- B I.P.C. Police Station Birno District Ghazipur. It is further prayed that this Hon'ble Court may also be pleased to stay the further proceedings of enminal Case No. 4311Ф *202$ (State Versus Dilip Kumar and others) arising out of Case Crime No. 166/2022 Under Section 380, 413, 414, 120-B I.P.C. Police Station Birno District Ghazipur, during the pendency of this application, and/or may pass such other and further order as this Hon'ble Court may deem fit and proper, under the facts and circumstances of the case, otherwise the applicant will suffer irreparable loss and injuries." 4. At the very outset, the learned A.G.A. submits that applicants have rushed to this Court by filing present application under Section 482 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 thread bare 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 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 alongwith 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 :- 14.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad