CRIMINAL APPEAL No. 1014 of 2025 at Lucknow

1 Neutral Citation No. - 2025:AHC-LKO:27781 AFR Reserved on 15.4.2025 Delivered on 9.5.2025 Court No. - 29 Case :- CRIMINAL APPEAL No. - 1014 of 2025 Appellant :- Radhey Lal Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Mohammad Alam Counsel for Respondent :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard Mohammad Alam, learned counsel for the appellant and Mr. Nirmal Kumar Pandey and Sri Mayank Sinha learned A.G.A. for the State. 2. The present appeal is directed against the order dated 19.11.2024 passed by Special Judge, SC/ST Act, Lucknow in Session Case No.858 of 2015 (State Vs. Radhey Lal and another) arising out of Case Crime No.99 of 2010, under Sections 147, 323, I.P.C. and Section 3(1)(X) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act 1989'), Police Station G.R.P. Charbagh, District Lucknow whereby the application of the appellant under Section 239 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS') (Section 216 Criminal Procedure Code) has been dismissed. 3. The factual matrix of the prosecution story is that an F.I.R. wa