Neutral Citation No. - 2025:AHC:20010 Court No. - 75 Case :- APPLICATION U/S 482 No. - 39792 of 2024 Applicant :- Ravi Singh Chauhan Alias Ravi Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Abdullah Tehami,Syed Mohammad Nawaz Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Sri Syed Mohammad Nawaz, learned counsel for the applicant and Sri Pushpraj Singh, learned brief holder 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 entire proceedings of Criminal Case No. 4012 of 2023 (State Vs. Ravi Chauhan), arising out of case crime No. 1640 of 2021, under Sections 504, 507 of I.P.C., Police Station Loni, District Ghaziabad as well as cognizance/summoning order dated 10.3.2023, pending in the Court of Additional Civil Judge (Senior Division), Court No. 10, Ghaziabad. 3. Learned counsel for the applicant submits that the cognizance/summoning order dated 10.3.2023 has been passed against the applicant and the magistrate took cognizance as a police case, which is against the provision of Section 2(d) of Cr.P.C. It is further submitted that the F.I.R. has been lodged for the Non Cognizable Offence. 4. Learned counsel for the applicant submits that the offence punishable under Sections 504, 507 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. 2 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 10.3.2023 passed by Additional Civil Judge (Senior Division), Court No. 10, Ghaziabad 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 :- 11.2.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad