Neutral Citation No. - 2025:AHC:109656 Court No. - 83 Case :- CRIMINAL APPEAL No. - 6025 of 2025 Appellant :- Radhika Respondent :- State Of U.P. And 9 Others Counsel for Appellant :- Bijay Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This criminal appeal under Section 14-A (1) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short 'the SC/ST Act') has been preferred by the appellant against the judgement and order dated 28.3.2025 passed by the Special Judge (SC/ST Act), Mirzapur in Misc. Suit No. 31 of 2025 under Section 173 (3) of BNS, P.S.- Adalhat, District- Mirzapur. 2. Heard learned counsel for the appellant as well as the learned A.G.A. for the State and perused the entire record. 3. It is submitted by the learned counsel for the appellant that the application under Section 173 (3) BNS was wrongly rejected by the learned Special Judge (SC/ST Act), Mirzapur. 4. It is a mandatory condition provided under section 3(1) and section 3(2) of SC/ST Act that the offence must have been committed by a person who does not belong to SC/ST community. Since in the application under Section 173 (3) BNS moved by the appellant before the Special Judge (SC/ST Act), Mirzapur no where it was mentioned that the accused persons did not belong to SC/ ST community hence the mandatory provision of the Act as noted above was not complied with by the present appellant. 5. Learned Special Judge (SC/ST Act), Mirzapur, in my view committed no legal error in rejecting the aforesaid application on the ground that no where it was mentioned in the application under section 175(3) of BNSS or urged that the opposite parties do not belong to SC/ST community. 6. In view of the above, there is no need to issue notice in this matter and this Court finds no illegality or perversity in the impugned judgement and order dated 28.3.2025. 7. The appeal has no force and it is, accordingly, dismissed. Order Date :- 10.7.2025//Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad