Court No. - 70 Case :- APPLICATION U/S 482 No. - 1893 of 2025 Applicant :- Karamavir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ajay Sengar, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Karamvir, who is a charge sheeted accused and facing trial before Court below, 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- A. Set aside the Impugned Order dated 16.05.2024 passed by the Learned Chief Judicial Magistrate, Jalaun at Orai in Case No. 4240 of 2024 (State of Uttar Pradesh Versus Karamvir) arising out of the Case Crime No. 0024 of 2024, u/Ss. 354-D,376,342,506 Indian Penal Code, 1860 Police Station Nadigoan, District Jalaun, Quash the Impugned Charge Sheet dated 14.04.2024 submitted by the Investigating Officer as well as its entire proceedings, pending before the Learned Chief Judicial Magistrate, Jalaun at Orai. B. Stay the further proceedings of the Case No. 4240 of 2024 (State of Uttar Pradesh Versus Karamvir) arising out of the Case Crime No. 0024 of 2024, u/Ss.354-D,376,342,506 Indian Penal Code, 1860 Police Station Nadigoan, District Jalaun before the Learned Chief Judicial Magistrate, Jalaun at Orai, During the pendency of the present Criminal Misc Application, Otherwise the Applicant will suffer heavy 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 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 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 proceeded to address the Court on the merits of this application. However, after some time, he gave up the challenge to the impugned proceedings and submitted that interest of justice shall be served, in case, liberty is granted by this Court to applicant to approach Court below to seek discharge in terms of Section 227 Cr.P.C. 6. Learned A.G.A. for State-opposite party-1 submits that he has no objection to the prayer made by the learned counsel for applicant. 7. 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. 8. Accordingly this application is disposed off finally with liberty to applicant to approach Court below by filing a discharge application in terms of Section 227 Cr.P.C. seeking his discharge in above mentioned Sessions case. In case, such a discharge application is filed by applicant within a period of three weeks from today along with a certified copy of this order, 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. Order Date :- 20.3.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad