Sanju v. State of U.P. and 5 Others
Case brief
What is this about?
CRLA No. 970 of 2025 (Allahabad HC, Madan Pal Singh, J., decided May 5, 2026): criminal appeal under Section 14A(1) SC/ST (Prevention of Atrocities) Act, 1989 against rejection of Section 173(4) BNSS application (Criminal Misc. Case No. 544 of 2024, Special Judge, Farrukhabad, order dated 19-10-2024); no SC/ST status averments, Special Court jurisdiction; alternative remedy after rejection of Section 156(3) Cr.P.C. application is complaint case under Section 210(1)(a) r/w Section 223 BNSS; relies on Aleque Padamsee v. Union of India (AIR 2007 SC 684) and Father Thomas v. State of Uttar Pradesh (2011(1) ADJ 333 (FB)); no interference; appeal dismissed.
What did the court decide?
Following the settled position in Aleque Padamsee (SC, 3-Judge) and the Full Bench decision in Father Thomas, the proper remedy available to the appellant after rejection of the application under Section 173(4) BNSS is to file a complaint case under Section 210(1)(a) read with Section 223 of BNSS.