Neutral Citation No. - 2025:AHC:34354 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3263 of 2025 Applicant :- Anju Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Shandilya Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Barister Singh, Advocate holding brief of Mr. Ajay Shandilya, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant, Anju Devi, 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 allow this application and set aside the summoning order dated 7.5.2024 passed by Chief Judicial Magistrate, Varanasi in Case No. 35724 of 2024 (State Vs. Anju Devi) arising out of Case Crime No. 22 of 2024 under Sections 302 and 201 IPC, Police Station Chitaipur, District Varanasi pending in the Court of Chief Judicial Magistrate, Varanasi. It is further prayed that this Hon'ble Court may be pleased to stay the effect and operation of the impugned charge-sheet dated 20.3.2024 as well as cognizance/summoning order dated 7.5.2024 in Case No. 35724 of 2024, under Sections 302, 201 IPC, Police Station Chitaipur, District Varanasi pending in the Court of Chief Judicial Magistrate, Varanasi, during pendency of the present application, otherwise the applicant shall suffer irreparable loss and injury, and or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 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 227 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 227 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 :- 7.3.2025 Kumar Manish Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad