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2025 DAILYLAW 76728 (ALL)

ANIL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/25451/2025 · 2025-09-03

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25451 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the applicants, learned counsel for respondent no.2 as well as learned A.G.A. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS assailing the order dated 31.5.2025, whereby the discharge application moved on behalf of the present applicants has been rejected. 3. Learned counsel for respondent no.2 has raised a preliminary objection with regard to the maintainability of the instant application under Section 528 BNSS on the ground of availability of an alternative remedy to file an appeal under Section 14-A of the S.C./S.T. Act. 4. Learned counsel for the applicants has not refuted the submission advanced by learned counsel for respondent no.2 and has prayed for dismissing the instant application with liberty to resort to the statutory remedy of filing an appeal. 5. In this conspectus, as above, instant application is dismissed as withdrawn. Learned counsel for the applicants is permitted to avail the alternative remedy under Section 14-A of S.C./S.T. Act against the order under challenge whereby discharge application has been rejected. 6. Office is directed to return the certified copy of the documents filed alongwith this application to the learned counsel for the applicants after retaining its photostat copies at the relevant place. 7. Learned counsel for the applicants is directed to serve prior notice to the learned counsel for the respondents before filing the regular appeal under the S.C./S.T. Act. September 4, 2025 vkg Versus Counsel for Applicant(s) : Sunil Choudhary Counsel for Opposite Party(s) : G.A., Ram Prakash Patel (Dinesh Pathak,J.) Anil And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad