HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 7661 of 2025 Court No. - 83 HON'BLE SHEKHAR KUMAR YADAV, J. 1. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been preferred against the impugned order dated 10.06.2025 passed by Special Judge, SC/ST Act, Varanasi in Criminal Misc. Case No.254 of 2025 (Nandlal vs. Ayush Mishra and others), under Section 175(3) BNSS, Police Station Phoolpur, District Varanasi pending before Special Judge, SC/ST Act, Varanasi. 2. Heard learned counsel for the appellant, the learned AGA for the State- respondent, learned counsel for the respondents and perused the entire record. 3. Learned counsel for the appellant submits that the appellant has filed an application under Section 175 (3) BNSS alleging therein that respondent nos.2 to 7 entered in his house of the appellant and assaulted his minor son Ajay as a result his right hand and finger got fractured. It is further alleged that accused persons while using caste related abusive language have also beaten his wife and daughter. Injury report is annexed as Annexure No.2 to this affidavit. He further submits that since prima facie cognizable offence is made out against the opposite party and matter was required for investigation, the appellant has moved an application before the court below for a direction to lodge the FIR but the court below instead of giving direction to the police to lodge a FIR, has treated the aforesaid application as complaint case. He further submits that the court below has passed the impugned order in a very routine manner while exercising his discretionary power, which is not sustainable in the eye of law, hence, the same is liable to be set aside. Versus Counsel for Appellant(s) : Virendra Kumar Yadav Counsel for Respondent(s) : G.A., Harshit Kumar Singh, Pankaj Roy Nandlal .....Appellant(s) State Of U.P.And 6 Others .....Respondent(s) 4. Upon hearing rival submissions and perusal of the record, this Court finds that the learned court below treated the application under Section 175 (3) BNSS as complainant case essentially on the basis of a police enquiry report and prior land dispute between the parties. 5. I have considered the arguments advanced on behalf of the parties and perused the impugned order passed by the court below. I find no irregularity, illegality or jurisdictional error in the order impugned. The appeal lacks merit and is, accordingly, dismissed. September 12, 2025 Ajeet CRLA No. 7661 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad