JUDGMENT :

1. Heard learned counsel for the appellant, learned AGA for the State and perused the record.

2. The present criminal appeal U/s 14(A)-1 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed with the prayer to set aside the order dated 20.4.2023 passed by learned Special Judge, SC/ST (P.A.) Act, Hardoi arising out of Misc. Case No. 721 of 2022 U/s 156(3) CrPC by which the application of the appellant was rejected.

3. It is submitted by learned counsel for the appellant that learned trial court did not consider the statement of the witnesses available on record. Learned trial court has wrongly appreciated the evidence available on record ignoring the material of the case. Hence, the impugned order is erroneous and suffers from manifest error of law and is liable to be set aside.

4. At the very outset, learned AGA submitted that the present appeal is not maintainable as the appellant has equally efficacious remedy available with him to file complaint on the basis of the facts and circumstances of the case. The injuries are simple in nature. It is also submitted that the report was called for by the magistrate on the application U/