HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39703 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Mukesh Joshi, learned counsel for applicant and learned AGA for the State. 2. The instant application has been preferred with a prayer to quash chargesheet dated 01.02.2025 and cognizance/summoning order dated 16.06.2025 along with entire proceedings of Case No.38218 of 2025 (State Vs. Kuldeep), arising out of Case Crime No.297 of 2025, under Section 125 BNS, P.S. Kundarki, District Moradabad, pending in the court of learned Additional Chief Judicial Magistrate-II, Moradabad. 3. Brief facts of the present case are that opposite party no.2 lodged an FIR on dated 28.08.2024 against applicant alongwith one other person alleging that his son, namely, Manoj Kumar used to work as Lineman at Bhaisod Power House, on 25.08.2024 at about 5 PM, when his son was returning for home, co-accused Bhaskar Gupta (Junior Engineer) and applicant (S.S.O.) asked him to cut fuse of 11000 KVA electricity line, after which son of opposite party no.2 reached at the spot and took shut down from the power house of the said line and when he tried to cut the fuse, he got electricity shock due to which he received serious burns. Allegation against applicant alongwith co-accused is that due to their carelessness, his son was seriously burnt. The said FIR was registered as Case Crime No.297 of 2025, under Section 125 BNS and registration of the same, inquiry was conducted which culminated into submission of chargesheet on dated 01.02.2025 only against applicant, under whereupon, learned court concerned took cognizance of offence vide impugned order dated 16.06.2025. Versus Counsel for Applicant(s) : Mukesh Joshi Counsel for Opposite Party(s) : G.A. Kuldeep .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned counsel appearing on behalf of applicant submitted that applicant is senior Lineman who was used to work as Sub Station Operation on contractual basis and on the date of alleged incident, victim took shut down from the applicant and the applicant has also given the desired shut down but at the place of incident, due to heavy rain, one electricity pole was already bent and wire of the same was touching to the 11000 KV line which was not in the knowledge of applicant as well as the victim and when victim touched the wire, he got electricity shock. He further submitted that after the said incident, a departmental inquiry was conducted by Executive Engineer wherein it was found that due to touching of wire to another line, victim received serious injuries but without considering the said facts in shape of log sheets of power house and the said inquiry report, the concerned Investigating Officer submitted chargesheet against applicant, whereupon cognizance of offence was taken by learned court concerned. Learned counsel for applicant further contended that no such offence committed by applicant which comes under the ambit of Section 125 BNS and as such, entire proceeding of the said case may be quashed. 5. Per contra, learned AGA appearing on behalf of the State vehemently opposed the prayer as made in the application and submitted that after conducting the detailed inquiry, chargesheet has been submitted by the concerned Investigating Officer whereupon considering the material on record, learned trial court taken cognizance and as such, there is no illegality in the order impugned. 6. Be that as it may, since the applicant has already been extended bail and he is also having liberty to prefer discharge application before learned court concerned taking all the pleas and grounds which have been raised herein in shape of his implication for specific commission of offence under Section 125 BNS, therefore, he should approach the learned court concerned by way of filing discharge application. 7. Accordingly, without entering into the merits of the issue, the present petition is hereby dismissed at this stage with liberty to applicant to prefer discharge application before learned court concerned taking all pleas and grounds, which are available to him. If such application is filed by applicant, learned court concerned shall consider and decide the said NA528 No. 39703 of 2026 2 application on the basis of material collected during investigation as well as determination/finding recorded in the report dated 20.12.2024 in department inquiry, strictly in accordance with law, by speaking and reasoned order by way of affording proper opportunity of hearing to the concerning parties. September 18, 2026 Vivek Kr. NA528 No. 39703 of 2026 3 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad