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2025 DAILYLAW 134692 (ALL)

RAM YAGYA MISHR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NA528/323/2025 · 2025-04-18

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22076 Court No. - 19 Case :- APPLICATION U/S 528 BNSS No. - 323 of 2025 Applicant :- Ram Yagya Mishr And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The matter relates to Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The parties have entered into compromise and compromise has been verified. 3. However, the applicants pray for quashing of the proceedings of S.T. No.21 of 2025 arising out of Case Crime No.225 of 2024, under Sections 115(2), 351(2), 352 of B.N.S.S. and Section 3(1) (Da) & (Dha) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, P.S. Chhapia, District Gonda. 4. A preliminary objection has been raised by the learned A.G.A. that an appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the impugned order would lie. 5. Since, there is an effective alternative remedy of appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, therefore, present application under Section 528 of B.N.S.S is dismissed on the ground of alternative remedy with liberty to the applicants to prefer an appeal before the Appellate Authority. 6. All the certified copies enclosed in the present application may be returned to the learned counsel for the applicants after keeping the photocopy of the same on record. Order Date :- 18.4.2025 S.Sharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad, Lucknow Bench