Neutral Citation No. - 2025:AHC:14650 Court No. - 71 Case :- APPLICATION U/S 482 No. - 684 of 2025 Applicant :- Shubham Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devansh Misra,Shubham Kumar Yadav,Shubhendu Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. S. K. Yadav Advocate holding brief of Mr. Devansh Misra, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1 2. Perused the record. 3. Applicant-Shubham Tyagi, 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 in view of the facts and circumstances as has been disclosed in the accompanying affidavit, to secure the ends of justice, this Hon'ble Court may graciously be pleased to: a. Quash the Cognizance/Summoning order dated 12.02.2024 of Chief Judicial Magistrate, Ghaziabad in Case No. 8041 of 2024, titled 'State versus Shubham Tyagi.' under Sections 376/506 of I.P.C., Police Station Kavi Nagar, District Ghaziabad. b. Quash the entire criminal proceedings arising of Case No. 8041 of 2024, titled 'State versus Shubham Tyagi.' pending before Chief Judicial Magistrate, Ghaziabad u/Ss. 376/506 of I.P.C. c. Quash the charge sheet dated 09.11.2022 under Sections 376/506 of I.P.C. arising from Case Crime No. 129 of 2021, Police Station Kavi Nagar, District Ghaziabad. d. Till the disposal of the present petition, stay the arrest of the applicant & the criminal proceedings in Case No. 8041 of 2024, titled 'State versus Shubham Tyagi.' arising from charge sheet dated 09.11.2022 under Sections 376/ 506 of I.P.C. in Case Crime No. 129 of 2021 of Police Station Kavi Nagar, District Ghaziabad. e. 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 present application under Section 482 Cr.P.C. without availing the 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 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 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 of 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 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 :- 31.1.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad