Neutral Citation No. - 2025:AHC-LKO:37466 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 662 of 2025 Applicant :- Prashant Rao Opposite Party :- State Of U.P. Thru. Prin. Secy. Ministry Of Home Lko. And Another Counsel for Applicant :- Ritwick Rai,Ankit Kumar Pandey,Ashutosh Verma,Aviral Raj Singh,Dhruv Kumar Singh,Palash Banerjee,Vaibhav Tiwari Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ritwick Rai, the learned counsel for the applicant, Sri Ashok Kumar Srivastava, learned A.G.A. for the State and perused the records. 2. By means of the instant application filed under Section 482 Cr.P.C./Section 528 BNSS, the applicant has prayed for quashing of the charge sheet dated 28.05.2025/20.11.2024, summoning/cognizance order dated 22.11.2024 along with entire proceedings of Sessions Case No.2716 of 2024, arising out of Case Crime No.198 of 2024, under Sections 109 B.N.S. (307 I.P.C.)/118(1) B.N.S. (326 I.P.C. Police Station Bazar Khala, District Lucknow, pending in the Court of Special Judge (Prevention of Corruption Act), Court No.1 Lucknow. 3. After advancing his submissions at some length, the learned counsel for the applicant has confined his submission to the applicant's grievance against the observations made in the impugned order dated 28.05.2025 to the effect that the prosecution case makes out commission of offence under Section 109 I.P.C. The submission is that even as per the prosecution case the incident took place all of a sudden after an accident and there was no premeditation. As per the learned counsel for the applicant the present case falls within Exception (4) appended to Section 101 B.N.S. which provides that culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue advantage or acted in a cruel or unusual manner. 4. By the impugned order dated 28.05.2025 the trial court has rejected the applicant's application for being discharged and obviously the observations made in that order are to be read for that purpose only. In case the applicant is of the view that his case falls within Exception (4) appended to Section 101 B.N.S., he can at the appropriate stage move an application under Section 239 BNSS for altering the charges and in any case the trial court shall decide the trial keeping in view the evidence that would be lead during trial and the provisions of relevant law. 5. Accordingly, the instant application is disposed of by observing that any observations made in the order dated 28.05.2025 rejecting the discharge application will not prejudice the applicant's rights to take recourse to the other remedies available under law and it will not affect outcome of the trial, which obviously will be based on the evidence to be lead during trial. . [Subhash Vidyarthi, J.] Order Date :- 3.7.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench