Neutral Citation No. - 2025:AHC:23317 Court No. - 71 Case :- APPLICATION U/S 482 No. - 44701 of 2024 Applicant :- Pramod Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abrar Alam,P.K. Singh,Sunil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. P.K. Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Pramod Yadav, 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 quash the impugned charge sheet dated 5.4.2024, cognizance order/summoning order dated 5.10.2024 passed by learned Additional Chief Judicial Magistrate, Nagina, District Bijnor as well as entire proceeding of Case No.1884 of 2024 (State Vs. Atul Kumar & another), arising out of Case Crime No.374 of 2023, under Section 457, 380, 411 IPC, Police Station Afzalgarh, District Bijnor, pending before the learned Additional Chief Judicial Magistrate, Nagina, District Bijnor, to secure the ends of justice. It is further most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the impugned charge sheet dated 5.4.2024, cognizance order/summoning order dated 5.10.2024 passed by learned Additional Chief Judicial Magistrate, Nagina, District Bijnor as well as entire proceeding of Case No.1884 of 2024 (State Vs. Atul Kumar & another), arising out of Case Crime No.374 of 2023, under Section 457, 380, 411 IPC, Police Station Afzalgarh, District Bijnor, pending before the learned Additional Chief Judicial Magistrate, Nagina, District Bijnor, and or to pass such further and other orders or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, to secure the ends of justice." 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 482 Cr.P.C. without availing 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 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 could not overcome the same. 6. Having heard the learned counsel for applicant, 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 applicant 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 applicant to approach Court below by filing a discharge application in terms of Section 239 Cr.P.C. seeking his discharge in above mentioned criminal 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, 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 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad