Neutral Citation No. - 2025:AHC-LKO:41236 Court No. - 12 Case :- CRIMINAL APPEAL No. - 2717 of 2023 Appellant :- Hari Bhajan @ Hari Bhajan Kori Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Appellant :- Jagdish Pratap Pandey Counsel for Respondent :- G.A.,Nitesh Yadav Hon'ble Rajnish Kumar,J. Heard learned counsel for the appellant and learned A.G.A. This criminal appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been filed by the appellant against the order dated 02.09.2023 passed by the Special Judge, Scheduled Caste/Scheduled (Prevention of Atrocities) Act, Sultanpur in Criminal Misc. Case No. 470 of 2022 (Hari Bhajan Kori v. Awadhesh Yadav & ors.) by means of which the application filed by the appellant/applicant under Section 156(3), Cr.P.C. has been rejected. Sole argument advanced by learned counsel for the appellant is that the appellant had suffered the injuries which have not been considered by the trial court while rejecting his application under Section 156(3), Cr.P.C., therefore, same is not sustainable. Learned A.G.A. opposed the submission of learned counsel for the revisionist and submits that there is contradiction in the statement of the appellant in regard to the injuries and no affidavit has been filed in support of the application, therefore, the application was not maintainable in view of the law laid down by the Hon'ble Supreme Court in the case of Priyanka Srivastava v. State of U.P., 2015 (6) SCC 287. Having considered the submissions of learned counsel for the parties and on perusal of the documents placed on record it is apparent that no affidavit was filed alongwith the application under Section 156(3), Cr.P.C., which is mandatory in view of the law laid down by Hon'ble Supreme Court in the case of Priyanka Srivastava (supra). So far as the contention in regard to the injuries is concerned, a Police report was called by the Court and it has been found that there is contradiction in the statement of the applicant in regard to the injuries. On the one hand he has stated that he had suffered the injuries on account of falling due to dashing of his motorcycle, while on the other hand he states that he had suffered injuries on account of beating by the respondent, therefore, the impugned order has rightly been passed in accordance with law, which does not suffer from any illegality or error, which may call for any interference. This appeal is accordingly dismissed. (Rajnish Kumar, J.) Order Date :- 17.7.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench