Neutral Citation No. - 2025:AHC:6000 Court No. - 71 Case :- APPLICATION U/S 482 No. - 32261 of 2024 Applicant :- Ankit Patel Urf Ankit Kumar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Rajesh Kumar Singh, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Ankit Patel Urf Ankit Kumar Singh 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 quash the entire criminal proceeding of Case No.4607 of 2024 (State Vs. Ankit Kumar Singh) as well as Cognizance order dated 05.04.2024 having charge sheet no. A330/2023, under Section 376(2)(h), 506 I.P.C., Police Station Robertsganj, District Sonbhadra pending before learned Civil Judge, J.D. (F.T.C.)/C.A.W., Sonbhadra, during the pendency of the present criminal misc. Application, otherwise the applicant shall suffer irreparable loss and injury. It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire criminal proceeding of Case No.4607/2024 (State Vs. Ankit Kumar Singh) as well as Cognizance order dated 05.04.2024 having charge sheet no. A330/2023, under Section 376(2)(h), 506 I.P.C., Police Station Robertsganj, District Sonbhadra pending before learned Civil Judge, J.D. (F.T.C.)/C.A.W., Sonbhadra, pending before learned Civil Judge, J.D. (F.T.C.)/C.A.W., Sonbhadra, during the pendency of the present criminal misc. Application, 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, 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 :- 6.1.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad