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2025 DAILYLAW 19494 (ALL)

AYODHYA HARIJAN v. STATE OF U.P. AND 2 OTHERS

NA528/5055/2025 · 2025-05-12

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77810 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5055 of 2025 Applicant :- Ayodhya Harijan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anand Mohan Pandey,Devendra Kumar Bind,Krishan Mohan Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred against order dated 15.01.2025, passed by learned Special Judge (SC / ST Act), Mirzapur in Criminal Misc. Case No. 287 of 2024 (Ayodhya Harijan vs. Deepak Pathak and another), under Section 175(3) BNSS, P.S.- Jigra, District- Mirzapur, whereby the application filed by applicant under Section 175(3) BNSS has been registered as a complaint case. 3. In view of provisions of Section 14-A (1) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, it is clear that there is remedy of filing of an appeal against the impugned order. Thus, it is apparent that this application under Section - 528 BNSS against impugned order dated 15.01.2025 is not maintainable. 4. Accordingly, this application under Section - 528 BNSS is dismissed as not maintainable. 5. The applicant would be at liberty to file an appeal or to resort remedy available under law. The certified copies available on record may be returned back to learned counsel for applicant after retaining photocopy of same on record. Order Date :- 13.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad