HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34085 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Imtiaz Husain, learned counsel for applicant as well as learned Additional Government Advocate for the State-respondents. 2. By means of present Application U/ 528 BNSS, the applicant has assailed framing of charges which have been framed by the Sessions Judge in Sessions Trial No. 1078/2021. 3. It has been submitted by learned counsel for applicant that the facts leading to the present case arising out of first information report lodged against the applicant U/S 324, 376, 511, 323, 506 I.P.C. where the allegations pertain to the fact that when the prosecutrix who had gone to the jungle to cut some leaves along with her son, the applicant accosted and molested her and attempted to sexually assault her but ran away after hue and cry was made by the informant and also the son of the informant intervened. 4. Even during the investigation, the statement of the prosecutrix was recorded where she supported the case of the prosecution and reiterated the allegations which were mentioned at the stage of lodging of the first information report. Subsequently the charge-sheet was filed and charges have been framed by means of impugned order dated 05.01.2022. Four charges have been framed which are as follows:- "Firstly, that on 16.10.2020, at about 09:00 AM, in the sugarcane field of Sitaram, within the circle of PS Dilari, District Moradabad, you assaulted Versus Counsel for Applicant(s) : Imtiaz Husain Counsel for Opposite Party(s) : G.A. Gulsher Alias Gulsher Ahamad .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the complainant and used criminal force upon her with intention to disrobe her and to compel her to be naked and you, thereby, committed an offence punishable under section 354 B IPC and within the cognizance of the court of Sessions. Secondly, that on the aforesaid date, time and place, you attempted to commit rape with victim/complainant, forcibly without her consent and, you thereby, committed an offence punishable under section 376 IPC read with section 511 IPC and within the cognizance of the court of Sessions. Thirdly, that you on the aforesaid date, time and place, voluntarily caused hurt to complainant and, you thereby, committed an offence punishable under section 323 IPC and within the cognizance of this court of Sessions. Fourthy, that on the aforesaid date, time and place, you committed criminal intimidation by threatening the prosecutrix and thereby, you committed an offence puniushable under section 506 IPC and within the cognizance of this court" 5. This Court has perused the material on record as well as charges and does not find any infirmity in framing of the said charge. Even otherwise, this Court is of the considered view that it is only during trial and after adducing of the evidence the court will proceed to decide about the culpability of the applicant whether he is guilty or not guilty but a mini trial cannot be conducted at the stage of framing of the charges by this Court in exercise of powers U/S 482 of Cr.P.C. 6. Apart from the above, this Court finds that all the charges pertain to the incident and certainly arise from a fair reading of the allegations levelled by the informant in the first information report as well as material which has come up during investigation. In view of the aforesaid reasons, this Court dos not find any infinity in the charges to interfere in the matter, this Application U/S 528 BNSS is devoid of merits and is accordingly dismissed. September 16, 2025/Ravi/- NA528 No. 34085 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad