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2025 DAILYLAW 68289 (ALL)

RAMPAL SHARMA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/22082/2025 · 2025-08-10

Dinesh Pathak

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 22082 of 2025 Applicant :- Rampal Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Prakash Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicants, learned counsel for the respondent No.2 as well as learned A.G.A. for the State- respondent. 2. The applicants have assailed the impugned order dated 27.5.2025 in Complaint Case No.11 of 2024 (Smt. Geeta Vs. Rampal Sharma and Others), under Sections 323, 504, 506 I.P.C & 3(2)(va), 3(1)(Da), 3(1) (Dha) S.C/S.T Act, Police Station Pilkhuwa, District Hapur. 3. At the very outset, learned counsel for the respondent No. 2 has raised a preliminary objection qua maintainability of the instant application under Section 528 B.N.S.S. 4. It has been submitted that, as per the ratio decided by Hon'ble Division Bench of this Court in batch of applications, with the leading matter being Application under Section 482 No. 8635 of 2023 (Abhishek Awasthi @ Bholu Awasthi vs. State of U.P. and Another) decided on 26.11.2024, the order passed under the S.C./S.T. Act can be assailed in inherent jurisdiction of this Court, in case, entire proceeding is assailed as well. 5. After due deliberations at length, learned counsel for the applicants has prayed to dismiss the instant application with liberty to resort to remedy of appeal under Section 14-A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 6. Learned counsel for the respondent No.2 as well as learned A.G.A. have no objection to the prayer as made by the learned counsel for the applicants. 7. As such, instant application is dismissed with liberty as prayed for. 8. Office is directed to return the certified copy of the impugned order/documents to the counsel for the applicants, after retaining its photostat copy at the relevant place. Order Date :- 11.8.2025 VR Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad