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2025 DAILYLAW 103180 (ALL)

SMT. MALTI DEVI v. STATE OF U.P. AND 6 OTHERS

CRLA/8954/2025 · 2025-10-06

Shekhar Kumar Yadav

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8954 of 2025 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1.This Criminal Appeal u/s 14-A(1) of SC/ST Act, has been filed by appellant to set aside the impugned order dated 2.9.2025 passed by learned Special Judge, (SC/ST Act), Basti in Criminal Misc. Case no. 328 of 2025, (Smt. Malti Devi Vs. Abhilakh Yadav and others), P.S. Dubauliya, District Basti whereby the learned Special Judge (SC/ST Act), Basti has rejected the application filed under Section 173 (4) BNSS. 2. Learned counsel for the appellant argued that the court below has failed to appreciate facts and law placed before it. It is further submitted that the appellant is complainant in the present case and he has filed an application under Section 173(4) B.N.S which was rejected. The court below has not applied his judicial mind at the time of passing the impugned order. Hence, this Criminal appeal, with above, prayer, for setting aside impugned order. 3. Learned AGA, representing State of U.P., has vehemently opposed the prayer. It is submitted that court below has rightly dismissed the the application of the appellant under Section 173 (4) B.N.S. The court below has neither committed a jurisdictional error in passing the order impugned nor it has exercised it's jurisdiction with material irregularity warranting interference by this Court. 4. I have gone through the the impugned order. The Court below has returned a finding that on the alleged facts and circumstances of the case. 5. In view of the above, this Criminal appeal, being devoid of merits, deserves to be dismissed and it stands dismissed accordingly. October 7, 2025 A. Versus Counsel for Appellant(s).. : Counsel for Respondent(s) : (Shekhar Kumar Yadav,J.) Smt. Malti Devi .....Appellant(s) State Of U.P. And 6 Others .....Respondent(s) Digitally signed by :- AFAQ AHMAD High Court of Judicature at Allahabad