HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33729 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. The instant application has been filed seeking quashing of further proceeding, charge sheet dated 27.02.2024 as well as framing of charge order dated 23.04.2025 passed by Sessions Judge, Sonbhadra in Session Case no. 153 of 2025 (State vs. Amir Hasan and others) arising out of Case Crime no. 0111 of 2023 under Section 3/5A/8 of Prevention of Cow Slaughter Act, and 11(1)(1) of Prevention of Animal Cruelty Act, 1960, PS- Raipur, District Sonbhadra. 3. Learned counsel for the applicant has submitted that the impugned framing of charge order dated 23.04.2025 has been passed without considering the entirety of the matter. There is no material sufficient against the applicant for framing of the charges, which aspect has not been considered by the Court below. The impugned order is illegal, unjust and contrary to the provision as prescribed in the statute. 4. Learned counsel has further submitted that applicant is the owner of vehicle which was involved in commission of offence in pursuance to sections 3/5A/8 of Prevention of Cow Slaughter Act, and 11(1)(1) of Prevention of Animal Cruelty Act, 1960. However, applicant had already sold the vehicle before the date of incident by way of notary but the same was not finally transferred in favour of beneficiary owing to non-payment of installments. Applicant has no role in the present matter and he has been falsely implicated. The charge sheet as well as impugned order which has been passed by the Court below is without considering the aforesaid aspects. 5. Per contra, learned AGA has vehemently opposed the submissions made by learned counsel for the applicant and submitted that the Court below while passing impugned order has considered the case and found sufficient material available on record to frame charge. There is no ground for interference by this Court in the impugned order as well as charge sheet. The present application being devoid of merit be dismissed Versus Counsel for Applicant(s) : Rohit Kumar Singh Counsel for Opposite Party(s) : G.A. Anis Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) as such. 6. I have heard learned counsel for the parties and perused the record. Framing of a charge is an exercise of jurisdiction by the trial court in terms of Section 228 of the Code of Criminal Procedure, unless the accused is discharged under Section 227 of the Code. Under both these provisions, the court is required to consider the "record of the case" and documents submitted therewith and, after hearing the parties, may either discharge the accused or where it appears to the court and in its opinion there is ground for presuming that the accused has committed an offence, it shall frame the charge. Once the facts and ingredients of the section exists, then the court would be right in presuming that there is ground to proceed against the accused and frame the charge accordingly. This presumption is not a presumption of law as such. The satisfaction of the court in relation to the existence of constituents of an offence and the facts leading to that offence is a sine qua non for exercise of such jurisdiction. 7. In this case, from perusal of the impugned order, it is apparent that the Court below after perusing the record found that sufficient material is available to frame charges against the applicant, therefore, the impugned charge framing order dated 23.04.2025 has been passed. The assertions of false implication raised by the applicant are factual issues that requires proper adjudication by the trial court based on evidence and cannot be conclusively determined in proceedings under Section 528 BNSS. In proceeding u/s 528 BNSS, this Court is not inclined to hold mini-trial. I do not find any good ground or cogent reason to interfere in the impugned order as well as charge sheet. 8. Accordingly, the instant application is dismissed. September 4, 2025 Shaswat NA528 No. 33729 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad