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2025 DAILYLAW 108257 (ALL)

SUNITADHANGA v. STATE OF U.P. AND 9 OTHERS

NA528/40062/2024 · 2025-01-08

Dinesh Pathak

body2025

Judgment text

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Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 40062 of 2024 Applicant :- Sunita Dhangar Opposite Party :- State Of U.P. And 9 Others Counsel for Applicant :- Dinesh Kumar,R.B.Pal Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. Heard learned counsel for the applicant as well as learned AGA for the State. The applicant has assailed the order dated 18.10.2024 passed by Special Judge, SC/ST Act, Deoria whereby application moved under Section 173(4) BNSS has been rejected. Learned AGA for the State submits that the instant matter is arising out of SC/ST Act, therefore, present applicant has an alternative remedy to file an appeal under the SC/ST Act. Learned counsel for the applicant has not refuted the submissions as raised by learned AGA with regard to availability of alternative remedy. In this conspectus, as above, instant application is dismissed, being not maintainable, on the ground of availability of alternative remedy, as mentioned above. Office is directed to return the certified copy of the order impugned to the learned counsel for the applicant, after retaining it's photostat copy at the relevant place. Order Date :- 9.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad