Neutral Citation No. - 2025:AHC:19893 Court No. - 71 Case :- APPLICATION U/S 482 No. - 44642 of 2023 Applicant :- Smt Krishna Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Mishra,Ashwani Mishra,Gopi Krishna Sood,Mohit Behari Mathur Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Mohit Behari Mathur, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant- Smt. Krishna 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 kindly be pleased to allow the present application and quash the entire proceeding of Case No.5007/IX/2022 (State Vs. Shikant Pandey and others), as well as Charge-Sheet No.171 of 2022 dated 10.10.2022, arising out of Case Crime No.147 of 2022, under Section 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station-Kamasin, District-Banda, as well as cognizance order dated 19.10.2022 as well as N.B.W. order dated 03.08.2023, pending in the Court of Chief Judicial Magistrate, Banda, in the interest of justice. It is further prayed that this Hon'ble Court may be pleased to stay further proceedings of the Case No.5007/IX/2022 (State Vs. Shikant Pandey and others), as well as Charge-Sheet No.171 of 2022 dated 10.10.2022, arising out of Case Crime No.147 of 2022, under Section 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station-Kamasin, District-Banda, as well as cognizance order dated 19.10.2022 as well as N.B.W. order dated 03.08.2023, pending in the Court of Chief Judicial Magistrate, Banda. During the pendency of the present application. Otherwise applicant shall suffer irreparable loss and injury. And/or to 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 applicants 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 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 227 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. 9. After aforementioned order was passed, the learned counsel for applicant submits that applicant has not yet been enlarged on bail. Applicant was granted anticipatory bail by this Court vide order dated 27.9.2022 however the same was till the submission of police report. In view of above, it is provided that applicant shall file an application for bail along with discharge application. Court below shall release the applicant on interim bail. The interim bail granted to applicant shall come to an end after disposal of the discharge application filed by applicant. Order Date :- 11.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad