1 2025:CGHC:44196 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 454 of 2019 1 - Shankar Lal S/o Tulsiram Aged About 58 Years Caste Mahar R/o Village Magarghokhra, Tahsil Chhuriya, Police Station Chhuriya, District Rajnandgaon Chhattisgarh ... Appellant versus 1 - Preetam S/o Milau Ram Sahu R/o Village Magarghokhra, Police Station And Tahsil Chhuriya, District Rajnandgaon Chhattisgarh 2 - Dhugal S/o Binjhwar Sah R/o Village Magarghokhra, Police Station And Tahsil Chhuriya, District Rajnandgaon Chhattisgarh 3 - Ramprasad S/o Devsingh Sahu R/o Village Magarghokhra, Police Station And Tahsil Chhuriya, District Rajnandgaon Chhattisgarh 4 - Santuram S/o Ramprasad Sahu R/o Village Magarghokhra, Police Station And Tahsil Chhuriya, District Rajnandgaon Chhattisgarh 5 - Chandrakhekhar, S/o Dirabi Sahu R/o Village Magarghokhra, Police Station And Tahsil Chhuriya, District Rajnandgaon Chhattisgarh PRIYANKA VERMA Digitally signed by PRIYANKA VERMA Date: 2025.09.01 14:37:42 +0530 2 6 - Rupchand S/o Kheduram Sahu R/o Village Magarghokhra, Police Station And Tahsil Chhuriya, District Rajnandgaon Chhattisgarh 7 - Deenuk S/o Ishuram R/o Village Magarghokhra, Police Station And Tahsil Chhuriya, District Rajnandgaon Chhattisgarh 8 - Lalchand S/o Chhakkan R/o Village Magarghokhra, Police Station And Tahsil Chhuriya, District Rajnandgaon Chhattisgarh 9 - Rajulal S/o Chunnulal Sahu R/o Village Magarghokhra, Police Station And Tahsil Chhuriya, District Rajnandgaon Chhattisgarh 10 - Chunnulal S/o Ramsingh Sahu R/o Village Magarghokhra, Police Station And Tahsil Chhuriya, District Rajnandgaon Chhattisgarh 11 - Banwali S/o Milau Ram Sahu R/o Village Magarghokhra, Police Station And Tahsil Chhuriya, District Rajnandgaon Chhattisgarh ... Respondents For Appellant : Mr. S.P. Sahu appears on behalf of Mr. C.R. Sahu, Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Judgment On Board 01/09/2025 1. This Appeal has been filed against the order dated 03.04.2019 passed by the Additional Sessions Judge (F.T.C.) Additional Incharge Special Judge S.C.S.T. Act, Rajnandgaon (C.G.) whereby, complaint filed by the 3 appellant/complainant under Section 294 and 506 of the IPC was dismissed. 2. At the outset, learned counsel for the appellant/complainant submits that the appellant has wrongly filed this Appeal against the impugned order though there is an explicit provision under Section 439 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old Section 398 of the Cr.P.C.) which provides that against dismissal of a complaint under Section 226 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old Section 203 of the Cr.P.C.), no Appeal would lie and the complainant may prefer a Revision against the order for further enquiry in view of the provisions contained under Section 439 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which reads as under: “439. Power to order inquiry. - On examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 226 or sub- section (4) of section 227, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who 4 has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.” 3. Having heard the submissions of learned counsel for the appellant and in view of the aforesaid legal provisions, this Court is of the view that since there is an alternative remedy available to the appellant under the law, this Appeal would not be maintainable. 4. Accordingly, the Appeal stands disposed of, as not maintainable reserving liberty in favour of the complainant to file a better constituted petition in accordance with law, if so advised. 5. Registry is directed to return the certified copy of the impugned order and relevant documents to counsel for the appellant after retaining the photocopy of the same. 6. Registry shall send back the record to the concerned Court. 7. Consequently, the Appeal is disposed of. Sd/- (Deepak Kumar Tiwari) Judge Priyanka