Neutral Citation No. - 2025:AHC:21758 Court No. - 71 Case :- APPLICATION U/S 482 No. - 44654 of 2024 Applicant :- Swatantra Kumar Dinkar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Mishra,Satyendra Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Satyendra Narayan Singh, the learned counsel for applicants and the learned A.G.A. for State-opposite party-1 2. Perused the record. 3. Applicants-Swatantra Kumar Dinkar And 2 Others, who are charge sheeted accused, have 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 entire proceeding of Case No. 31292 of 2024 (State Vs. Golu alias Prince and others) arising out of the Case Crime No. 70 of 2024, under section 323, 354, 506, 511 I.P.C., Police Station Jaswant Nagar, District Etawah in Charge Sheet No. 102A of 2024 dated 05.08.2024, pending in the court learned Civil Judge (Junior Division)/Fast Track Court/Judicial Magistrate (Crime Against Women) Etawah and further be pleased to quash the cognizance/summoning order dated 28.10.2024 passed by learned Civil Judge (Junior Division)/Fast Track Court/Judicial Magistrate (Crime Against Women) Etawah in the aforesaid case. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case No. 31292 of 2024 (State Vs. Golu alias Prince and others) arising out of the Case Crime No. 70 of 2024, under section 323, 354, 506, 511 I.P.C., Police Station Jaswant Nagar, District Etawah in Charge Sheet No. 102A of 2024 dated 05.08.2024, pending in the court learned Civil Judge (Junior Division)/Fast Track Court/Judicial Magistrate (Crime Against Women) Etawah and further be pleased to stay the cognizance/summoning order dated 28.10.2024 passed by learned Civil Judge (Junior Division)/Fast Track Court/Judicial Magistrate (Crime Against Women) Etawah and further be pleased to pass any suitable order which this Hon'ble Court deem fit and proper in the facts and 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 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad