Neutral Citation No. - 2025:AHC:137625 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21089 of 2025 Applicant :- Shyam Babu Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Ajay Kumar Sharma,Rahul Kumar Mishra 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 04.01.2025, passed by learned Special Judge (SC / ST Act), Kanpur Nagar in Criminal Misc. Case No. 2252 of 2024 (Shyam Babu vs. Madan Mishra and others), under Section 175(3) BNSS, P.S.- Bithoor, District- Kanpur Nagar, whereby application filed by applicant under Section 175(3) BNSS has been rejected. 3. 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 04.01.2025 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 :- 13.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad