HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 2072 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. The present application has been filed seeking quashing of the impugned order dated 24.11.2025 passed by District and Session Judge, Gonda in Session Trial No. 940 of 2025, arising out of Case Crime No. 328 of 2024, under Sections 105, 351(2) of BNS, Police Station - Karnail Ganj, District - Gonda. Vide order impugned, the application seeking discharge preferred by the applicant has been rejected. 2. Learned counsel for the applicants submits that the First Information Report was initially lodged against Annu (applicant no.2), Sushil (applicant no.1), Girish and Santa. The charge-sheet has been filed only against the present applicants and other co-accused have been exonerated. 3. Learned counsel for the applicant further submits that there is no electricity connection in the house of the applicant. He has further invited attention of the Court towards letter dated 14.05.2025 issued by the Electricity Department wherein it is provided that there is no electricity connection for irrigation. 4. He further submits that false report has been lodged by the complainant that the field of the applicant was encircled by barbed wire. 5. He further submits that it is also false allegation that deceased died due to electrocution of the fencing wire, installed in the field of the applicant. 6. On the other hand, learned AGA for the State submits that after lodging of Versus Counsel for Applicant(s) : Bhanu Pratap Mishra, Sachin Tiwari Counsel for Opposite Party(s) : G.A. Sushil Kumar Tiwari And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) the FIR, investigation has been done and the Investigating Officer found the evidence that the field of the applicant was fenced with the barbed wire. The deceased died due to electrocution of the said barbed wire in which electricity wire was connected. He further submits that after collecting the evidence, the charge-sheet has been filed. Once the charge-sheet has been filed and the evince discloses the commission of offense against the applicant, this Court cannot do a mini-trial and the application is liable to be rejected. 7. I have heard learned counsel for the parties and perused the record. 8. Considering the overall facts and circumstances of the case and the argument of the State that after lodging of the FIR, investigation has been done and the Investigating Officer found the evidence that the field of the applicant was fenced with the barbed wire. The deceased died due to electrocution of the said barbed wire in which electricity wire was connected. The defence which the applicant has taken, is a factual aspect which can very well be looked into by the trial court and this Court under Section 482 Cr.P.C./Section 528 B.N.S.S. can not record any finding on the factual aspects, for which certainly the trial is required and the evidence is to be adduced on record and this Court can not adduce evidence on record and cannot do mini trial. 9. Application is devoid of merit. It s accordingly rejected. December 10, 2025 Mohit Singh/- NA528 No. 2072 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench