Neutral Citation No. - 2025:AHC:25949 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4492 of 2025 Applicant :- Ravi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neha Rani,Satyvendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Satyvendra Singh Yadav, learned counsel for the applicant and Sri Abhishek Tripathi, learned A.G.A. for the State. 2. The applicant herein has filed the present application u/s 528 BNSS for quashing of the entire proceeding of case No. 27 of 2022 (State Vs. Ravi) under Sections 279, 338, 304 I.P.C., Police Station Achchnera, District Agra as well as Charge Sheet dated 24.05.2022 submitted by the investigating officer in Case Crime No. 97 of 2022 under section 279, 338, 304 I.P.C., Police Station Achchnera, District Agra and cognizance order dated 30.05.2022 pending in the court of learned Judicial Magistrate- 01, Agra. 3. Learned counsel for the applicant submits that there happens to be a first information report under Section 304A read with Section 338 and 279 of the IPC against the unknown being FIR No.0097 wherein the allegation was that the first informant two sons died and others were injured as they were driven over by truck. 4. Learned counsel for the applicant while inviting attention towards page 110 of the paper book seeks to submit that the truck owner being Rahul Kumar Bhati had deposed that Manish was driving the said truck and the applicant was just a conductor. He further submits that the applicant has been falsely implicated in the case. 5. Learned AGA while inviting the attention of the Court towards page 113/114 has sought to submit that as per the statement of the police constable, it has come on record that the applicant was running and when he was asked about the driving licence, he could not tender a driving licence but admitted the offence. 6. I have heard learned counsel for the applicant as well as learned AGA. 7. In the opinion of the Court, the factual questions cannot be gone into in the present proceedings particularly when the trial is not commenced. It is a matter of self defence that the applicant was just a conductor as it is to be thrashed out in the trial as to whether the applicant was driving the truck or not. Apart from the same, there is nothing on record to substantiate the argument canvassed by the applicant that he was innocent and he has not committed any criminality. Apart from in absence of pointing out of jurisdictional error this Court is not required to go into the factual aspect. 8. In view of above, the present application under section 528 BNSS stands consigned to record. Order Date :- 24.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad