Neutral Citation No. - 2025:AHC:35537 Court No. - 75 Case :- APPLICATION U/S 482 No. - 35105 of 2024 Applicant :- Santosh Kumar Vishwakarma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Riyajuddin Ansari,Vimal Dharm Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Shri Riyajuddin Ansari, learned counsel for the applicants and Sri A.K. Singh, learned A.G.A. for the State are present. 2. The Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the entire proceedings of Criminal Case No. 187 of 2023 (State v. Santosh Kumar Vishwakarma and others), arising out of NCR No. 229 of 2020, under Sections 504, 427 of IPC, P.S. Nawabganj, District Prayagraj, as well as cognizance/summoning order dated 26.09.2023, pending in the Court of Additional Chief Judicial Magistrate, Court No.16, Prayagraj. 3. Learned counsel for the applicant submits that F.I.R. has been registered against the applicants at Police Station Nawabganj, District Prayagraj, under Sections 504 and 427 of I.P.C. registered as NCR No. 229 of 2020. After completing the investigation, charge-sheet was submitted under Sections 504 and 427 of I.P.C. and the magistrate took cognizance under Sections 504 and 427 of I.P.C. 4. Learned counsel for the applicants submits that the offence punishable under Sections 504 and 427 of I.P.C. are non- cognizable offence 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 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 26.09.2023 passed by Additional Chief Judicial Magistrare, Prayagraj, 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 :- 10.3.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad