Allahabad High Court

OM PRAKASH RAJUTIYAversusSTATE OF U.P. AND 9 OTHERS

Decided: 26 February 2026
Bench: NAND PRABHA SHUKLA

Holding

The Court held that the applicant may file a fresh application under Section 210 BNSS within one month, and such application will be considered on its merits.

Summary

The applicant, Om Prakash Rajutiya, filed an application under Section 528 of the BNSS Act seeking to set aside an order dated 06‑11‑2025 passed by the Special Judge (SC/ST Act), Jhansi, which had rejected his earlier application under Section 173(4) BNSS. The High Court examined whether the impugned order could be vacated and whether the applicant could pursue an alternative remedy by filing a fresh complaint under Section 210 BNSS. The Court observed that the allegations disclosed a cognizable offence, thereby justifying the filing of a new complaint. It directed that the applicant may move a fresh application with complete details under Section 210 BNSS within one month of the order. The Court further ordered that the fresh application, if filed, will be heard and decided in accordance with law, provided no other legal impediment exists. Consequently, the present application was disposed of with the aforesaid direction.

Issues considered

Whether the order dated 06‑11‑2025 rejecting the application under Section 173(4) BNSS can be set aside.
Whether the applicant is entitled to file a fresh complaint under Section 210 BNSS as an alternative remedy.
Whether any procedural or legal impediment bars the filing of a fresh application within a month.

Legislation cited

BNSS Act — s. 173(4), 210, 528

Subjects

Section 528 BNSS
Section 173(4) BNSS
Section 210 BNSS
High Court of Allahabad
Special Judge SC/ST Act
cognizable offence
procedural remedy
application disposal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8852 of 2026

Om Prakash Rajutiya
.....Applicant(s)
Versus

State Of U.P. And 9 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Priyavrat Tripathi, Sandeep, Shubham
Kumar Dubey
Counsel for Opposite Party(s) : G.A.

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.
NA528 No. 8852 of 2026
2

6. With the aforesaid direction, the present application is disposed of.

(Nand Prabha Shukla,J.)
February 27, 2026
Aditya Tripathi

Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…