HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 10797 of 2025 Court No. - 51 HON'BLE MADAN PAL SINGH, J. 1. Case called out in the revised list. None appeared on behalf of the appellant to press the present appeal. Shri Santosh Kumar Shukla, learned counsel for opposite party no. 2, and the learned AGA for the State are present. 2. By means of the present criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , the appellant seeks to set aside the order dated 10.10.2025 passed by the Special Judge, SC/ST Act, Saharanpur, whereby the application filed by the appellant under Section 173(4) of the BNSS has been rejected. 3. Learned counsel for opposite party no. 2 has drawn attention to the impugned order, wherein it is recorded that Complaint Case No. 2270 of 2025 (Sanjeev Kumar vs. Mangeram & Others) is already pending before the trial court on the same set of facts. 4. Relying upon the Three Judges Bench judgment of the Hon'ble Supreme Court in the Case of Aleque Padamsee v. Union of India (AIR 2007 SC 684), the Full Bench of this Court in Father Thomas v. State of Uttar Pradesh, passed in Criminal Revision No. 1640 of 2001 decided on 22.12.2010 has held that even an application under Section 156(3) Cr.P.C. (now Section 173(4) BNSS) has been rejected, the remedy available to the appellant is to file a complaint case before the court concerned under Section 190 (1) (b) read with Section 200 of Cr.P.C. (now Section 210(1)(b) read with Section 223 of BNSS.) 5. In the present case, it is not disputed that a complaint case on the same facts is already pending before the trial court, meaning thereby that the appellant has already availed the appropriate remedy in light of the judgment of Full Bench of this Court in the case of Father Thomas (supra). Versus Counsel for Appellant(s) : Avinash Pandey Counsel for Respondent(s) : G.A., Santosh Kumar Shukla Smt Ruby .....Appellant(s) State Of U.P. And 3 Others .....Respondent(s) 6. In view of the above facts and settled legal position, no interference is warranted in the impugned order passed by the trial court. 7. Accordingly, the present criminal appeal is dismissed. April 2, 2026 Akbar CRLA No. 10797 of 2025 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad