Neutral Citation No. - 2024:AHC:187838 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 38206 of 2024 Applicant :- Harishchandra @ Manoj Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jainendra Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Jainendra Kumar Pandey, the learned counsel for applicant and the learned A.G.A. for State. 2. Perused the record. 3. Applicant-Harishchandra @ Manoj Gupta 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 this application and quash the entire proceeding as well as Summoning order dated 30.05.2022 passed by Learned Judicial Magistrate Ist, Aonla, District Bareilly, in Complaint Case No. 2463 of 2021 (Arpit Khandelwal Versus Harishchandra @ Manoj Gupta), under section 406, 506 I.P.C., Police station - Aonla, District Bareilly. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Complaint Case No. 2463 of 2021 (Arpit Khandelwal Versus Harishchandra @ Manoj Gupta), under section 406, 506 I.P.C., Police station -Aonla, District Bareilly, pending in court of Learned Judicial Magistrate Ist, Aonla, District Bareilly, during the pendency of the present application 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 present 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 245(2) 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 245(2) 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 :- 29.11.2024 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad