Neutral Citation No. - 2025:AHC:13126 Court No. - 75 Case :- APPLICATION U/S 482 No. - 33328 of 2024 Applicant :- Noor Mohammad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chitranshu Srivastav,Tabish Yusufi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Sri Chitranshu Srivastav, learned counsel for the applicants and Sri A.K. Rai, learned A.G.A. for the State are present. 2. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 2.3.2024 passed by Chief Judicial Magistrate, Agra in Criminal Case No. 3782 of 2024 (State of U.P. Vs. Noor Mohammad and others), arising out of case crime No. 381 of 2023, under Sections 323, 504 of I.P.C., Police Station New Agra, District Agra, whereby cognizance/summoning order has been passed. 3. Learned counsel for the applicants submits that the cognizance/summoning order dated 2.3.2024 has been passed against the applicants and the magistrate took cognizance as a police case, which is against the provision of Section 2(d) of Cr.P.C. 4. Learned counsel for the applicants submits that the offence punishable under Sections 323, 504 of I.P.C. is non-cognizable offence and as per provision of Section 2(d) of Cr.P.C. the case could not be a State case and it has been proceeded as a State case, the cognizance/summoning order is an abuse of the process of law. 5. Section 2(d) of Cr.P.C. is reproduced herein below: (d)"complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.-A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be 2 deemed to be a complainant, and the police officer by whom such report is made shall be deemed to be the complainant; 6. A bare perusal of explanation added to Section 2(d) shows that this explanation speaks about cases where police has investigated a cognizable case but investigation made discloses a non-cognizable offence. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated 2.3.2024 passed by Chief Judicial Magistrate, Agra is, hereby, quashed. The matter is remanded back to the court concerned and the Magistrate is directed to pass a fresh order after applying the judicial mind. Order Date :- 24.1.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad