HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1340 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant application has been for quashing the charge sheet NO. 2 dated 8.8.2025 in case crime no. 164 of 2025 under Section 105 of the BNS, 2023 registered at Police Station- Mohanlalganj, Lucknow Cognizance Order dated 28.8.2025 passed by the Chief Judicial Magistrate, Lucknow as well as Summoning order dated 28.8.2025. 3. It is contended by learned counsel for the applicant that the applicant is admittedly owner of the bus in question, which was erupted due to some unforeseen fire and thereafter first information report was lodged against the driver, cleaner including the present applicant, who is owner of the Bus under Section Section 105 of the BNS, 2023. He submits that the charge sheet was filed against the applicant only under Section 105 of the BNS, 2023. 4. Section 105 of the BNS, 2023 reads as under:- "105. Punishment for culpable homicide not amounting to murder.—Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing Versus Counsel for Applicant(s) : Trideep Narayan Pandey, Bal Keshwar Srivastava, Charu Singh, Nivedita Shukla, Priya Singh Counsel for Opposite Party(s) : G.A. Shri Mukesh Shokeen .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Affairs Lko. And 3 Others .....Opposite Party(s) such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. 106. Causing death by neglige." 5. Referring the aforesaid he submits that the act attributed to the present applicant does not constitute an offence under Section 105 BNS. He submitted that there can be no knowledge or intention of the applicant that the vehicle (bus) can burn due to unforeseen fire. He further submitted that the vehicle (bus) was having the lawful permit issued by the transport department as well as the fitness certificate was also upto date and therefore, there can be no any foreseen situation or act which has not been exhausted by him, allowing the vehicle to run over the road. 6. In this background his submission is that since the offence under Section 105 BNS, 2023 does not attract against the present applicant and therefore, the criminal proceedings instituted against the applicant may be quashed. 7. Learned Counsel appearing for the State opposed the contention aforesaid. 8. Considering the submissions of learned counsel for the parties, it, prima facie, transpires that the applicant is owner of a bus and there was permit for running the bus, issued by the transport department as well as the fitness certificate is also available there, which is appended along with the present petition under which the knowledge or intention can be presumed. 9. Further, since the case diary is available with the trial court and therefore, it is appropriate to remit back the matter to trial court and the applicant is permitted to move a discharge application through his counsel while raising all his contention within a period of 15 days and if such application is moved, the same shall be considered and decided by the learned trial court within further period of 45 days. 10. With the aforesaid observation, this application is, accordingly, disposed of. September 25 , 2025 Anuj Singh NA528 No. 1340 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench