HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 11283 of 2025 Court No. - 51 HON'BLE MADAN PAL SINGH, J. 1. Heard Sri Akhilesh Kumar Tiwari, learned counsel for the appellant and Sri Vinod Kumar, 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 impugned order dated 31.10.2025 passed by the Additional Sessions Judge/ Special Judge, SC/ST Act, Jaunpur in Criminal Misc. 155 of 2025, whereby the application filed by the appellant under Section 173(4) of the BNSS has been rejected. 3. From a perusal of the impugned judgment, it transpires that the dispute between the parties relates to the construction of a boundary wall as well as pillar regarding which a civil suit is pending before the competent civil court. The trial court has not found any material to indicate that any caste- based remarks or abusive language was used by the accused. 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) (a) read with Section 200 of Cr.P.C. (now Section 210(1)(a) read with Section 223 of BNSS.) Versus Counsel for Appellant(s) : Akhilesh Kumar Tiwari Counsel for Respondent(s) : G.A., Praveen Kumar Dubey, Vinod Kumar Om Prakash .....Appellant(s) State of U.P. and Another .....Respondent(s) 5. In view of the above settled position of law, the proper remedy available to the appellant is to file complaint case under Section 210(1)(a) read with Section 223 of BNSS. 6. Keeping in view the facts and circumstances of the case and the allegations made by the complainant, the order passed by the trial court is found to be correct in the eyes of law. No interference is warranted in the present case. 7. Accordingly, the criminal appeal is dismissed. April 23, 2026 Akbar CRLA No. 11283 of 2025 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad