Neutral Citation No. - 2025:AHC:23468 Court No. - 71 Case :- APPLICATION U/S 482 No. - 4416 of 2025 Applicant :- Gaurav Kumar And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Tiwari,Hari Narayan Singh Counsel for Opposite Party :- G.A.,Pavan Kumar Mishra Hon'ble Rajeev Misra,J. 1. Heard Mr. Abhishek Tiwari, the learned counsel for applicants, the learned A.G.A. for State and Mr. Pavan Kumar Mishra, the learned counsel representing first informant opposite party-2. 2. Perused the record. 3. Applicants-Gaurav Kumar And Another, 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 quash the entire proceedings of Session Case Pocso No.768 of 2024 (State Vs. Gaurav and others) arising out of Case Crime No.0060 of 2024 under section 363, 366, 376 DB, 201, 202, 203, 212, 34 L.P.C and 5M/6, 21 Pocso Act, P.S. Budhana, District- Muzaffarnagar, pending before Additional District and Session Judge/Special Judge, Pocso Act, Muzaffarnagar as well as to quash the impugned charge sheet dated 13.04.2024 submitted by the Investigating Officer and also to quash the impugned cognizance order dated 15.04.2024 passed by the Magistrate concerned in aforementioned case. It is further prayed that this Hon'ble court may graciously be pleased to stay the further proceedings of Session Case Pocso No.768 of 2024 (State Vs. Gaurav and others) arising out of Case Crime No.0060 of 2024 under section 363, 366, 376 DB, 201, 202, 203, 212, 34 I.P.C and 5M/6, 21 Pocso Act, P.S. Budhana, District- Muzaffarnagar, pending before Additional District and Session Judge/Special Judge, Pocso Act, Muzaffarnagar, during the pendency of the present Criminal Misc. Application, otherwise the applicants shall suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. submits that applicants have 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 applicants could not overcome the same. 6. Having heard the learned counsel for applicants, 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 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 off finally with a direction to the applicants to approach Court below by filing a discharge application in terms of Section 227 Cr.P.C. seeking their 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