OM PRAKASHversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                 CRIMINAL APPEAL No. - 11283 of 2025

Om Prakash
                                                              .....Appellant(s)
                                   Versus
State of U.P. and Another
                                                            .....Respondent(s)

Counsel for Appellant(s)        : Akhilesh Kumar Tiwari
Counsel for Respondent(s)       : G.A., Praveen Kumar Dubey, Vinod
                                  Kumar

Court No. - 51
                   HON'BLE MADAN PAL SINGH, J.

1. Heard Sri Akhilesh Kumar Tiwari, learned counsel for the appellant and
Sri Vinod Kumar, learned counsel for opposite party no. 2, and the learned
AGA for the State are present.

2. By means of the present criminal appeal under Section 14A(1) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, the appellant seeks to set aside the impugned order dated 31.10.2025
passed by the Additional Sessions Judge/ Special Judge, SC/ST Act, Jaunpur
in Criminal Misc. 155 of 2025, whereby the application filed by the
appellant under Section 173(4) of the BNSS has been rejected.

3. From a perusal of the impugned judgment, it transpires that the dispute
between the parties relates to the construction of a boundary wall as well as
pillar regarding which a civil suit is pending before the competent civil
court. The trial court has not found any material to indicate that any caste-
based remarks or abusive language was used by the accused.

4. Relying upon the Three Judges Bench judgment of the Hon'ble Supreme
Court in the Case of Aleque Padamsee v. Union of India (AIR 2007 SC
684), the Full Bench of this Court in Father Thomas v. State of Uttar
Pradesh, passed in Criminal Revision No. 1640 of 2001 decided on
22.12.2010 has held that even an application under Section 156(3) Cr.P.C.
(now Section 173(4) BNSS) has been rejected, the remedy available to the
appellant is to file a complaint case before the court concerned under Section
190 (1) (a) read with Section 200 of Cr.P.C. (now Section 210(1)(a) read
with Section 223 of BNSS.)
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                                    5. In view of the above settled position of law, the proper remedy available
                                    to the appellant is to file complaint case under Section 210(1)(a) read with
                                    Section 223 of BNSS.

                                    6. Keeping in view the facts and circumstances of the case and the
                                    allegations made by the complainant, the order passed by the trial court is
                                    found to be correct in the eyes of law. No interference is warranted in the
                                    present case.

                                    7. Accordingly, the criminal appeal is dismissed.

                                    April 23, 2026
                                    Akbar
                                                                                         (Madan Pal Singh,J.)




Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad