KULDEEPversusSTATE OF U.P. AND ANOTHER

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 39703 of 2026

Kuldeep
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                         :   Mukesh Joshi
Counsel for Opposite Party(s)                    :   G.A.

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.
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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
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                                    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.



                                                                                      (Saurabh Srivastava,J.)
                                    September 18, 2026
                                    Vivek Kr.




Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad