Neutral Citation No. - 2025:AHC-LKO:39944 Court No. - 15 Case :- APPLICATION U/S 528 BNSS No. - 708 of 2025 Applicant :- Ram Din (In The Fir Mentioned As Ramdin Verma) Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko. And Another Counsel for Applicant :- P.K. Singh Bisen Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri P.K. Singh Bisen, the learned counsel for the applicants as well as Sri Hans Raj Verma, the learned A.G.A. and perused the record. 2. By means of the present application under Section 528 BNSS, the applicants have sought quashing of the impugned charge sheet dated 19.09.2024 as well as the summoning order dated 09.10.2024 passed by the Court of Chief Judicial Magistrate, Pratapgarh in Case No. 680 of 2025 arising out of Case Crime No. 140 of 2024, under Sections 105 of BNS relating to Police Station Kohndaur, District Pratapgarh. 3. The aforesaid case has been instituted on the basis of an FIR lodged on 11.08.2024 stating that the informant's father died due to electrocution after coming into contact with the electricity wire placed by the applicant around his agricultural field. 4. After investigation, the Investigating Officer submitted a charge-sheet on 19.09.2024 and the trial Court took cognizance of the offence under Section 105 BNS by means of an order dated 09.10.2024 and summoned the applicant to face trial. 5. Learned counsel for the applicant has submitted that the allegations make out an offence under Section 106 BNS and not an offence under Section 105 BNS. 6. The applicant can file an application for altering the charge by taking appropriate please before the learned Chief Judicial Magistrate. 7. Learned counsel for the applicant next submited that the offence under Section 105 BNS is triable by the Session Court whereas the offence under Section 106 BNS is triable by the Magistrate. 8. In case the trial Court come to the conclusion that the allegations and the material in support thereof makes out a case for trial of the offence under Section 106 BNS and not under Section 105 BNS, it will be open for the trial court to sent the matter back to the Court of Magistrate for conclusion of the trial. 9. The application stands disposed of with the aforesaid observation. . (Subhash Vidyarthi,J.) Order Date :- 14.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench