Criminal Appeal under Section 14-A(1) SC/ST Act challenging order treating Section 173(4) BNSS application as complaint; interim stay granted; notice issued.
Interim stay of proceedings pursuant to the impugned order dated 01.5.2025; notice issued to respondents 4 to 7; matter listed for 31.7.2025. ¶9,10,11
The court finds that the matter requires consideration and issues notice to opposite parties 4 to 7, staying proceedings pursuant to the impugned order dated 01.5.2025 until the next date of listing (31.7.2025). ¶8,9,10,11
Court No. - 12 Case :- CRIMINAL APPEAL No. - 1573 of 2025 Appellant :- Geeta Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 6 Others Counsel for Appellant :- Neeraj Singh Counsel for Respondent :- G.A.
Hon'ble Alok Mathur,J.
Heard Shri Neeraj, learned counsel for the appellant and learned A.G.A. on behalf of the State.
By means of the present appeal under Section 14-A (1) of SC/ST Act, 1989 petitioner has challenged the order dated 01.5.2025 passed by the learned Additional District and Sessions Judge, Court No.2, Unnao in Criminal Misc Case No.161 of 2025 [Geeta vs. Akhilesh Kumar Mishra and Others] relating to police station – Dahi, District Unnao whereby issuing notices to the respondents under section 223(2) of the BNSS.
It has been submitted by the learned counsel for the appellant that the appellant has moved an application under section 173 (4) of the BNSS making allegations with regard to the incident occurring on 15.3.2025 where certain named persons along with three unidentified persons during the Holi were drinking liquor outside the door of the appellant. They asked for water from the husband of the appellant. Husband of the appellant duly supplied them water but requested them to move somewhere else. When they again requested for water the husband of the appellant denied the water and on this they started abusing and forcefully entered the house of the appellant and took away four water tubs forcefully and also assaulted the husband of the complainant and abused them and threatened them. The husband of the petitioner received serious injuries.
The learned trial court after considering entire facts had registered the application of the appellant under section 173 (4) of the BNSS as a complaint and has issued notices under section 223 (2) BNSS.
The main grievance submitted by the petitioner is that the matter requires investigation and all the facts are not within the knowledge of the complainant/ appellant inasmuch as the identity of three unidentified persons cannot be determined by the appellant and matter requires investigation and, accordingly, the learned trial court should have directed to the police to register the FIR rather than treat application as complaint.
Accordingly, the matter requires consideration.
Issue notice to opposite parties no.4 to 7.
Till the next date of listing proceedings in pursuance of the order dated 01.5.2025 shall remain stayed.
List on 31.7.2025.
Order Date :- 26.5.2025 mks
Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the trial court erred in registering the application under Section 173(4) BNSS as a complaint and issuing notices under Section 223(2) BNSS instead of directing the police to register an FIR, given that the identity of three unidentified persons cannot be determined by the appellant and the matter requires investigation.¶7
How this case reached the court
order dated 01.5.2025 passed by the learned Additional District and Sessions Judge, Court No.2, Unnao in Criminal Misc Case No.161 of 2025 [Geeta vs. Akhilesh Kumar Mishra and Others] relating to police station – Dahi, District Unnao whereby issuing notices to the respondents under section 223(2) of the BNSS¶4
Additional District and Sessions Judge, Court No.2, Unnao · 01.5.2025
Appellant moved an application under section 173(4) of the BNSS making allegations regarding incident on 15.3.2025 where certain named persons along with three unidentified persons were drinking liquor outside appellant's door, asked for water, abused and forcefully entered house, took away four water tubs, assaulted appellant's husband causing serious injuries.¶5
The trial court registered the application under section 173(4) BNSS as a complaint and issued notices under section 223(2) BNSS.¶6
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
