Extracted from the PDF above. The PDF is authoritative.
Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 43806 of 2024 Applicant :- Chhotelal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar Mishra,Rajesh Dutta Pandey Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record on board.
2. The applicant has invoked inherent jurisdiction of this Court under Section 528 of BNSS assailing the order dated 17.10.2024 passed by Special Judge, SC/ST Act, Prayagraj whereby application moved under Section 173(4) BNSS moved on behalf of the present applicant has been rejected.
3. Learned AGA has raised preliminary objection qua maintainability of instant application on the ground of availability of the alternative remedy to file an appeal under the SC/ST Act.
4. Learned counsel for the applicant has not refuted the contention as raised by the learned AGA qua availability of the alternative remedy.
5. In this conspectus, as above, instant application is dismissed, being not maintainable, on the ground of availability of the alternative remedy as mentioned above.
6. Office is directed to return the certified copy of the impugned
order to the learned counsel for the applicant after retaining its photostat copy at the relevant place.
Order Date :- 8.1.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad