Neutral Citation No. - 2025:AHC:31717 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3955 of 2025 Applicant :- Mohit Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Santosh Kukmar Tiwari Counsel for Opposite Party :- G.A.,Rajesh Pandey Hon'ble Rajeev Misra,J. 1. Heard Mr. Santosh Kukmar Tiwari, the learned counsel for applicant, the learned A.G.A. for State and Mr. Rajesh Pandey, the learned counsel representing first informant opposite party-2. 2. Perused the record. 3. Applicant-Mohit Singh, 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 this Hon'ble Court may kindly be pleased to allow this application and quash the entire proceeding and charge sheet dated 27.07.2024 as well as cognizance and summoning order dated 29.08.2024 passed by Special Judge/POCSO Act, Pilibhit, in Special Session Trial No. 899 of 2024 State Vs. Mohit Singh arising out of Case Crime No. 0200 of 2024 under Section 363, 376 I.P.C. and Section 3/4 POCSO Act, Police Station- Sungarhi, District- Pilibhit. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Special Session Trial No. 899 of 2024 State Vs. Mohit Singh arising out of Case Crime No. 0200 of 2024 under Section 363, 376 I.P.C. and Section 3/4 POCSO Act, Police Station- Sungarhi, District- Pilibhit, during the pendency of the present application 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 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, the learned counsel representing first informant opposite party-2 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. 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 :- 4.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad