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2025 DAILYLAW 42339 (ALL)

SMT GUDIYA DEVI v. STATE OF U.P. AND 2 OTHERS

NA528/12936/2025 · 2025-04-17

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57262 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12936 of 2025 Applicant :- Smt Gudiya Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ramesh Chandra Yadav,Ravi Kant Yadav 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 07.01.2025, passed by learned 2nd Additional District and Sessions Judge/Special Judge (SC/ST Act), Kanpur Dehat, in Criminal Misc. Case No. 742 of 2024 (Smt. Gudiya vs. Amit Gupta and another), under Section 173(4) BNSS, P.S.- Mangalpur, District- Kanpur Dehat. 3. The impugned order has been passed by the Court of Special Judge (SC/ST Act) and as provisions of Section 14A of SC/ST Act, there is provision of appeal against such orders. Thus, this application under Section - 528 BNSS against impugned order dated 07.01.2025 is not maintainable. 4. Accordingly, this application under Section - 528 BNSS is dismissed as not maintainable. 5. However, the applicant would be at liberty to file 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 :- 18.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad