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Neutral Citation No. - 2025:AHC:90081 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15758 of 2025 Applicant :- Kumari Sakshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar 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 record.
2. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :-
"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the impugned order dated order dated 10.03.2025 passed by Special Justice (S.C./S.T.) Act, Bhadohi-Gyanpur in Misc. Application No.51 of 2025 (Kumari Sakshi vs. Harimohan & others), arising out of Application Under Section 173 (4) of B.N.S.S. dated 17.02.2025 and direct the concern police station to lodged the F.I.R. under suitable section of I.P.C. and suitable section of SC/ST Act 1989 against the opposite party No.2 and investigate the matter as per law, otherwise the applicant will suffer irreparable loss and injury."
3. The impugned order has been passed by learned Special Judge (S.C. / S.T. Act). In view of provisions of Section - 14-A (1) of Scheduled Caste and Scheduled Tribe (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 10.03.2025 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 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 :- 27.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad