HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8852 of 2026 Court No. - 76 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application under Section 528 BNSS has been filed with a prayer to set aside the impugned order dated 06.11.2025 passed by Special Judge (SC/ST Act), Jhansi in Criminal Misc. Case No. 254 of 2025 (Om Prakash Rajutiya v. Anoop Shivshare and Others) filed under Section 173(4) BNSS, P.S.-Prem Nagar, Jhansi. 3. It has been submitted by learned counsel for the application that an application under Section 173(4) BNSS was moved by the applicant but Special Judge (SC/ST Act), Jhansi, vide order dated 06.11.2025, has rejected the application of the applicant. 4. Considering the aforesaid facts and circumstances of the case, as the allegations discloses commission of a cognizable offence, learned counsel for the applicant wants to avail an alternative remedy by lodging a complaint under Section 210 BNSS. 5. In case, the applicant moves a fresh application with complete details to lodge the complaint under Section 210 BNSS within a period of one month from the date of the order, the same may be considered and decided strictly in accordance with law after giving opportunity of hearing to both the parties, if there is no other legal impediment. Versus Counsel for Applicant(s) : Priyavrat Tripathi, Sandeep, Shubham Kumar Dubey Counsel for Opposite Party(s) : G.A. Om Prakash Rajutiya .....Applicant(s) State Of U.P. And 9 Others .....Opposite Party(s) 6. With the aforesaid direction, the present application is disposed of. February 27, 2026 Aditya Tripathi NA528 No. 8852 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad