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Neutral Citation No. - 2025:AHC:85027 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 6520 of 2025 Applicant :- Vinay Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Brijesh Kumar Verma 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 18.11.2024, passed by learned Special Judge, [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act], Jaunpur in Criminal Misc. Case No. 05 of 2024 (Vinay v. Sunil Bind and others), under Section 156(3) CrPC, P.S.- Line Bazar, District- Jaunpur, whereby the application filed by applicant under Section 156(3) CrPC has been registered as a complaint case, declining the prayer for investigation by police.
3. In view of provisions of Section 14-A (1) of Scheduled Castes and Scheduled Tribes (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 18.11.2024 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 appropriate legal remedy available under the 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 :- 19.5.2025/ Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad