Neutral Citation No. - 2025:AHC:142251 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 2817 of 2025 Applicant :- Bhashkar Opposite Party :- State Of U.P. And 12 Others Counsel for Applicant :- Ajit Pratap Kushwaha,Amar Bahadur Maurya Counsel for Opposite Party :- Ankit Shukla,G.A.,Vivek Kumar Tiwari Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application under Section 528 of B.N.S.S. has been filed to quash the impugned order dated 21.11.2024 passed in Crl. Misc. Case No. 337 of 2024 by Special Judge/S.C. & S.T. (Prevention of Atrocities) Act, District Jaunpur, arising out of Misc. Case No. 139 of 2024 (Bhaskar Vs. Vikas Singh and 12 Others). 3. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He further submits that applicant has assailed the order dated 21.11.2024 by which the application under Section 173(4) of B.N.S.S. moved by the applicant, was rejected by the Special Judges/S.C. & S.T. (Prevention of Atrocities) Act. The trial court while rejecting the application u/s 173(4) of B.N.S.S. has not applied his judicial mind and discarded the evidence produced by the applicant. He next submits that perusal of the medical report clearly shows that offence against the opposite parties no. 2 to 13 is made out, therefore order dated 21.11.2024 is liable to be set aside. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submitted that the said order is just and proper and do not suffer from any illegality or infirmity, therefore no interference is required. 5. Considered the submissions of applicant's counsel, learned AGA and perused the record. Order challenged here is passed refusing to entertain the 173(4) B.N.S.S. based upon factual ground, which is not supported by cogent evidence. The applicant has remedy to lodge complaint. It is evident from the record that order dated 21.11.2024 passed by the court below is just and proper and do not contain any illegality or infirmity, the same has been passed after considering Apex Court judgment, therefore no interference is warranted. 6. The present application under Section 528 of B.N.S.S. is dismissed with the aforesaid observation. Order Date :- 20.8.2025 Vibha Singh Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad