HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 9341 of 2025 Court No. - 86 HON'BLE SHEKHAR KUMAR YADAV, J. 1. Heard learned counsel for the appellant and learned A.G.A for the State as well as perused the record. 2. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred to set- aside the impugned order dated 30.07.2025 passed by Special Judge (SC/ST Act)/Additional Sessions Judge, Banda in Criminal Misc. Case No. 13/XI/2025 (Registration No. 37/ 2025) (Deepak Kumar Verma Vs. Udayveer Singh and others) under Section 156(3) Cr.P.C./173(4) of BNSS, Police Station- Mataudh, District- Banda. 3. The submission advanced by the learned counsel for the appellant is that the allegations made in the application clearly disclose the commission of a cognizable offence. In such circumstances, the learned Magistrate was duty bound to direct investigation by the police, but he has illegally declined to exercise such jurisdiction. It is argued that the impugned order suffers from manifest error of law and deserves to be set aside. 4. Per contra, learned A.G.A. has supported the impugned order and has submitted that the application under Section 156(3) Cr.P.C./173(4) of BNSS was not bona fide. The learned Magistrate, upon due consideration of the facts and circumstances, has rightly held that the application appears to be filed only to create pressure on the opposite parties. The rejection order thus calls for no interference. 5. I have carefully considered the rival submissions and perused the impugned order along with the material placed on record. Versus Counsel for Appellant(s) : Shiv Singh Counsel for Respondent(s) : G.A. Deepak Kumar Verma .....Appellant(s) State Of U.P. And 4 Others .....Respondent(s) 6. It is well settled that while exercising powers under Section 156(3) Cr.P.C./173(4) of BNSS, the Magistrate is not to act mechanically. The Magistrate has the discretion to either direct registration of a case and investigation by the police, or to treat the application as a complaint and proceed under Chapter XV of the Code of Criminal Procedure. The exercise of such discretion must be judicial and based on the facts of each case. 7. In the present case, the learned Magistrate has recorded cogent reasons for rejecting the prayer under Section 156(3) Cr.P.C./173(4) of BNSS. 8. On overall consideration, I do not find any illegality, perversity, or jurisdictional error in the order passed by the court below so as to warrant interference in the present appeal. The reasons assigned are just, proper, and in accordance with law. 9. Accordingly, the present appeal is dismissed. October 15, 2025 Krishna* CRLA No. 9341 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad