HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 8305 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 21.03.2025 passed by Special Session Judge SC/ST Act, Mau in Criminal Case No.416 of 2024 (Ashok Kumar vs. Shama Afroz and others) whereby the application under Section 156 (3) Cr.P.C. was treated as complaint case. 2. Heard learned counsel for the appellant, the learned AGA for the State-respondent and perused the entire record. 3. Earlier the appellant has filed Criminal Revision No.2028 of 2025 before this Court challenging the order dated 21.03.2025 which was rejected vide order dated 25.07.2025 on the ground of alternative remedy. 4. From the perusal of the order impugned, it transpires that the court below while treating the application under Section 156 (3) Cr.P.C. as a complaint case has observed that opposite party by usurping the land, abusing the mother and sister of the appellant and also insulting the appellant by using caste-indicative words like Chamaria and Siyaria and also threatening to kill him, therefore, relying the judgment of this Court in the case of Sukhwasi vs. State of Uttar Pradesh, 2007 (59) A.C.C. 739 treated the application under Section 156 (3) Cr.P.C. as a compliant case. Court further observed that the applicant has not mentioned in his application as to what is the fact that can be revealed only through investigation, the applicant can present his evidence in the court. There is no basis for investigation, hence, the applicant's application is registered as a complaint. 5.The Hon'ble Apex Court as well as this Court in the cases of Suresh Chandra Jain per State of Madhya Pradesh, AIR 2001 (SC) 71, Priyanka Shrivastava etc per State of Uttar Pradesh, AIR 2015 (SC) 1758, Rambabu Gupta and others per State of Uttar Pradesh and others 2002 (43) SCC 50 (Ill.), Gulab Chandra Upadhyay per State of Uttar Pradesh 2002 (1) JIC. 853 (Isla) and Naresh Kumar Balmiki v. State Versus Counsel for Appellant(s) : Pradeep Kumar Dwivedi Counsel for Respondent(s) : G.A. Ashok Kumar .....Appellant(s) State Of U.P. And 5 Others .....Respondent(s) of Uttar Pradesh and others dated 17-10-2022 (Isla) have expressed the opinion that the application under Section 156 (3) Cr.P.C. can be registered as a complaint by the court in the facts and circumstances of the case. 6. I have heard the learned counsel for the parties and perused the impugned order passed by the court below. I find that the court below has righlty treated the application under Section 156 (3) Cr.P.C. There is no irregularity, illegality or jurisdictional error in the order impugned. The appeal lacks merit and is, accordingly, dismissed. September 16, 2025 Ajeet CRLA No. 8305 of 2025 2 (Shekhar Kumar Yadav,J.) Digitally signed by :- AJEET KUMAR PATEL High Court of Judicature at Allahabad