Neutral Citation No. - 2025:AHC:23715 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1207 of 2025 Applicant :- Manoj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Tyagi Counsel for Opposite Party :- Avinash Pandey,G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Pankaj Kumar Tyagi, the learned counsel for applicant, the learned A.G.A. for State and Mr. Avinash Pandey, the learned counsel representing first informant opposite party-2. 2. Perused the record. 3. Applicant-Manoj Kumar, 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 graciously be pleased to allow the present application and further be pleased to quash the impugned charge sheet dated 05.06.2024 as well as impugned cognizance/summoning order dated 20.08.2024 passed by the learned Judicial Magistrate-Ist, Saharanpur and entire proceedings of Criminal Case No.3326 of 2024 (State vs. Manoj Kumar) arising out of Case Crime No.135 of 2024, under Sections-376, 313, 504, 506 I.P.C., Police Station-Rampur Maniharan, District-Saharanpur, pending before the Court of learned Judicial Magistrate-Ist, Saharanpur. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of Criminal Case No.3326 of 2024 (State vs. Manoj Kumar) arising out of Case Crime No.135 of 2024, under Sections-376, 313, 504, 506 I.P.C., Police Station-Rampur Maniharan, District-Saharanpur, pending before the Court of learned Judicial Magistrate-Ist, Saharanpur, during pendency of the instant Criminal Misc. Application (under Section-482 Cr.P.C.) before this Hon'ble Court, And/or pass such other and further order, which this Hon'ble Court may deem fit and proper under the circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury." 4. At the very outset, the learned A.G.A. submits that applicant has 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 applicant could not overcome the same. 6. Having heard the learned counsel for applicant, 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 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 off 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 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 :- 18.2.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad