MONU ALIAS VIPIN KUMAR v. STATE OF U.P. AND 3 OTHERS
NA528/22981/2025 · 2025-07-16
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69909 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69909 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115690 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22981 of 2025 Applicant :- Monu Alias Vipin Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Thakur Prasad Dubey 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. This application under Section - 528 BNSS has been preferred against order dated 09.05.2025, passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Auraiya in Criminal Misc. Application No. 158 of 2025 (Monu @ Vipin Kumar Vs. Mohit @ Chhote and Others), Police Station - Phaphund, District - Auraiya, whereby the application filed by the applicant under Section - 173(4) BNS has been rejected.
3. The impugned order has been passed by learned Special Judge, [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)] Act, Auraiya. 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 09.05.2025 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 / 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 thge same on record. Order Date :- 17.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad