Neutral Citation No. - 2025:AHC:24502 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 4893 of 2025 Applicant :- Himanshu Saini Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankur Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ankur Kushwaha, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Himanshu Saini, who are 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 quash the entire proceedings of Case No 9213 of 2024 (State V. Himanshu Saini And Others) arising out of Case Crime No.140 of 2024 under sections 376, 506, 328, 406 I.P.C. Police Station- Gagalheri, District- Saharanpur pending in the Learned Court of Judicial Magistrate IIIrd, Saharanpur as well as chargesheet dated 18.09.2024 and cognizance and summoning order dated 06.11.2024 passed by Learned Court of Judicial Magistrate IIIrd, Saharanpur. It is further prayed that during the pendency of present application before this Hon'ble Court the further proceedings of Case No. 9213 of 2024 (State V. Himanshu Saini And Others) arising out of Case Crime No.140 of 2024 under sections 376, 506, 328, 406 I.P.C. Police Station- Gagalheri, District- Saharanpur pending in the Learned Court of Judicial Magistrate IIIrd, Saharanpur as well as chargesheet dated 18.09.2024 and cognizance and summoning order dated 06.11.2024 passed by Learned Court of Judicial Magistrate IIIrd, Saharanpur may kindly be stayed. And/or pass such order or direction which this Hon'ble Court may 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 250(2) 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 250(2) 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 :- 19.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad