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2025 DAILYLAW 171563 (ALL)

NAND LAL v. STATE OF U.P. AND 4 OTHERS

CRLA/1841/2025 · 2025-10-29

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 1841 of 2025 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. This criminal appeal is filed challenging the impugned order dated 12.02.2025 passed by Special Judge, SC/ST Act, Varanasi in Misc Case No. 26 of 2025, whereby the application under Section 175(3) of BNSS was treated as complaint. Heard learned counsel for the appellant, learned counsel for the opposite party no. 2 and learned A.G.A. The main brunt of the arguments of the learned counsel for the appellant is that the appellant moved an application under Section 176(3) BNSS in the court below. The learned Judge, however, ordered to register the application as a complaint case which is not sustainable in the eyes of law. After arguments, learned counsel for the appellant submitted that he does not want to press the relief sought for in the present appeal and instead prays that the court below may be directed to conclude the matter expeditiously. To which learned counsel for the opposite party no. 2 has no objection. On careful consideration of rival submissions made on behalf of the learned counsel for both the parties, the court is of the view that the order passed by the learned Special Judge does not suffer from any illegality or infirmity and nor any abuse of the process of Court leading to the injustice is brought to the notice. However, considering the prayer of the Versus Counsel for Appellant(s) : Ajay Kumar Pal, Ashok Kumar Counsel for Respondent(s) : G.A., Harshit Kumar Singh, Pankaj Roy Nand Lal .....Appellant(s) State Of U.P. And 4 Others .....Respondent(s) appellant for expeditious disposal of the aforesaid case, it is directed that the court below shall decide the aforesaid complaint expeditiously in accordance with law. With aforesaid the present criminal appeal is disposed of. October 30, 2025 RavindraKSingh CRLA No. 1841 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad