Neutral Citation No. - 2025:AHC:21801 Court No. - 71 Case :- APPLICATION U/S 482 No. - 44626 of 2024 Applicant :- Dinesh Prasad And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijai Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Vijai Kumar Tripathi, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicants-Dinesh Prasad And 4 Others, 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 to quash the entire proceeding including the cognizance and summoning order dated 21.11.2024 passed by Special Judge SC/ST Act, Kushinagar, Place Padrauna along with Charge sheet dated 21.03.2023 in Special Session Trial no.1107 of 2024 (State Versus Dinesh Prasad and others) registered with Case crime no. 449 of 2022 under section 147, 323, 352, 504, 506, 452, 354Kha, 427 I.P.C., Police Station Turkpatti, District Kushinagar pending before Special Judge SC/ST Act, Kushinagar, Place Padrauna. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Special Session Trial no.1107 of 2024 (State Versus Dinesh Prasad and others) registered with Case crime no.449 of 2022 under section 147, 323, 352, 504, 506, 452, 354Kha, 427 I.P.C., Police Station Turkpatti, District Kushinagar pending before Special Judge SC/ST Act, Kushinagar, Place Padrauna, otherwise the applicants shall suffer irreparable loss and injury. And/or pass such other and further orders which this Hon'ble 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 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