Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:135420 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 23099 of 2025 Applicant :- Hari Singh Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajnish Kumar Srivastava,Siddharth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant, learned counsel for the respondent No. 2 as well as learned AGA for the State-respondent.
2. The applicant has assailed the summoning order 27.2.2025 in SST No. 303 of 2025 (State vs. Hari Singh Pal), arising out of Case Crime No. 6 of 2025, under Sections 115(2), 352, 351(2) BNS and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in brevity, 'SC/ST Act'), Police Station Bidhuna, District Auraiya.
3. At the very outset, learned counsel for the respondent No. 2 has raised a preliminary objection quo maintainability of the instant application assailing the summoning order alone.
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 UP and another) decided on 26.11.2024, the order passed under the SC/ST 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 applicant has prayed to dismiss the instant application with liberty to resort to remedy of appeal under Section 14A of the SC/ST Act.
6. Learned counsel for the respondent No. 2 as well as learned AGA has no objection to the prayer as made by the learned counsel for the applicant.
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 applicant after retaining its photostat copy at the relevant place.
Order Date :- 11.8.2025 vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad