Neutral Citation No. - 2025:AHC:130570 Court No. - 83 Case :- CRIMINAL APPEAL No. - 4499 of 2025 Appellant :- Dilsher Prasad Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Ashok Kumar Nigam,Satya Niwas Prasad Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J. 1. Mr. Girish Kumar Singh, Advocate has filed Vakalatnama today on behalf of respondent nos.2 and 3, which is taken on record. 2. The present criminal appeal under Section 14-A(1) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned judgment and order dated 27.01.2025 passed by Special Judge (SC/ST Act) Pilibhit in Criminal Misc. Case No.588 of 2024 (Dilsher Prasad vs. Gautam Chandra @ Yogesh Jaiswal etc.) under Sections 173 (4) of B.N.S.S., Police Station Madho Tanda, District Pilibhit. 3. As per allegation contained in the application given under Section 173 (4) B.N.S.S., the opposite party nos.2 and 3 have purchased wheat from the appellant amounting to Rs.7,69,680/- for which Rs.93,600/- has been paid in cash but they have not paid the remaining out of Rs.6,76,080/-. It is further alleged that when the appellant has demanded for payment of his remaining amount, the respondent nos.2 and 3 in presence of other public persons have assaulted the appellant and also abused by caste related words and appellant has also been threatened to face dire consequences. 4. Learned counsel for the appellant states that appellant went to the police station to get the FIR registered but his FIR has not been registered, then, he approached the court by filing application under Section 173 (4) B.N.S.S. on 17.12.2024 before the Special Judge (SC/ST Act) Pilibhit, who without going into the depth of the matter and without applying judicial mind, rejected his application in a very mechanical and cursory manner vide its order dated 27.01.2025. 5. Per contra, learned counsel for the opposite party nos.2 and 3 vehemently opposed and has submitted that the dispute is purely commercial in nature but the appellant has tried to give criminal colour. The court below has rightly rejected the application of the appellant. 6. In the instant case, the main dispute between the parties is related to the payment of money for the purchase and sale of wheat and the statement of the accused by abusing castiest slurs has been made with the intention of giving a criminal form to a case of civil/commercial nature. It is also noteworthy that appellant nowhere in his application has stated that the accused have taken money from him with the intention of cheating. 7. The court below while dismissing the application of the appellant has rightly observed that complainant can obtain relief from the competent court in respect of the matter related to purchase and sale. Prima facie no cognizable offence is made out against the opposite parties. There is no infirmity and illegality in the order impugned. The appeal lacks merit and is hereby dismissed. Order Date :- 4.8.2025 Ajeet Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad