Neutral Citation No. - 2025:AHC-LKO:26664 Court No. - 15 Case :- CRIMINAL APPEAL No. - 1436 of 2025 Appellant :- Sundar Lal Lodhi Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Adarsh Kumar Counsel for Respondent :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Shivam Chaurasia, Advocate holding brief of Sri Adarsh Kumar, the learned counsel for the appellant, Sri Alok Kumar Tiwari, learned Additional Government Advocate for the State and perused the records. 2. By means of the instant appeal filed under Section 14A(1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against an order dated 25.10.2024, passed by the learned Additional Sessions Judge/Special Judge, SC/ST Act, Court No.2, Unnao in Criminal Misc. Case No.470 of 2024: Mohit Rawat Vs. Raman Kumar and others, whereby an application under Section 173 BNSS has been ordered to be registered as a complaint. 3. Although, it is mentioned in the order that notice be issued to the opposite party, the statement under Section 223 BNSS are yet to be recorded. 4. The learned A.G.A. has raised a preliminary objection against the appeal on the ground that the complaint and the witnesses are yet to be examined under Section 223 BNSS. After recording of statement in case the Magistrate proposes to take cognizance of the offence, he shall provide an opportunity of hearing to the applicant, which stage is yet to arrive. 5. As the statements under Section 223 BNSS are yet to be recorded, I am of the view that the appeal is premature and the same is accordingly dismissed as not maintainable. 6. The dismissal of this appeal will not prejudice rights of the appellant to show cause before the trial court against the propose cognizance order at the appropriate stage. (Subhash Vidyarthi, J.) Order Date :- 7.5.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench