Neutral Citation No. - 2025:AHC:23296 Court No. - 71 Case :- APPLICATION U/S 482 No. - 661 of 2025 Applicant :- Narendra Verma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indrapal Vishwakarma,Ramesh Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Manish Kumar, Advocate, holding brief of Mr. Ramesh Kumar Ojha, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. Applicants-Narendra Verma And 4 Others, 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 allow this application and to quash the impugned cognizance/summoning order dated 20.09.2024 including charge sheet dated 13.07.2024 as well as entire proceeding of Case No.17229 of 2024 (State Versus Narendra Verma & Others) under Section 34, 504, 506, 427 IPC arising out Case Crime No. 278 of 2024, Police Station-Maharajganj, District-Azamgarh, pending in Court of Additional Chief Judicial Magistrate, Court No.11, Azamgarh. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case No.17229 of 2024 (State Versus Narendra Verma & Others) under Section 34, 504, 506, 427 IPC arising out Case Crime No. 278 of 2024, Police Station-Maharajganj, District-Azamgarh, pending in Court of Additional Chief Judicial Magistrate, Court No.11, Azamgarh during the pendency of the this application otherwise the 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 circumstances of the case." 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 239 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, 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 239 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