Neutral Citation No. - 2025:AHC:21723 Court No. - 71 Case :- APPLICATION U/S 482 No. - 44644 of 2024 Applicant :- Surendra Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Prasad Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Surendra Prasad Sharma, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Surendra Kumar Singh, who is 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 please to allow this application and set aside/ quash the Charge sheet no.01 of 2021 dated 21.11.2021 in Criminal Case no. 310 of 2024 (State Versus Surendra Kumar Singh) arising out of Case Crime no. 0210 of 2021, under section 323, 354, 504, 506 1.P.C., Police Station Bhudkuda, District Ghazipur and cognizance order dated 03.04.2024 passed by Judicial Magistrate, Court no.2, Saidpur, Ghazipur as well as entire proceedings of Criminal Case No. 310 of 2024 (State Versus Surendra Kumar Singh) pending before Judicial Magistrate, Court No 2, Saidpur, Ghazipur. It is further prayed that this Hon'ble Court may be pleased to stay the further proceedings of Criminal Case no. 310 of 2024 (State Versus Surendra Kumar Singh) arising out of Case Crime no. 0210 of 2021, under section 323, 354, 504, 506 I.P.C., Police Station Bhudkuda, District Ghazipur pending in the court of Additional Judicial Magistrate, Saidpur, Ghazipur, during the pendency of present case before this Hon'ble Court, and/or pass such other and further order which 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 applicants have rushed to this Court by filing present application under Section 482 Cr.P.C. without availing the statutory remedy available under Section 239 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 239 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