Neutral Citation No. - 2025:AHC:24266 Court No. - 75 Case :- APPLICATION U/S 482 No. - 40564 of 2024 Applicant :- Chandrika And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Learned counsel for the applicants submits that due to inadvertence the prayer has been wrongly mentioned. 2. Learned counsel for the appellant is permitted to correct the same during the course of hearing. 3. Heard, Sri Rakesh Chandra Tiwari, learned counsel for the applicants and Sri R.K. Singh, learned A.G.A. for the State. 4. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Case No. 12623 of 2024 (State Vs. Chandrika Yadav and others), under Sections 323, 504 of I.P.C., Police Station Obra, District Sonbhadra, as well as cognizance/summoning order dated 05.10.2024 pending in the court of Civil Judge (Senior Division)/ F.T.C. Sonebhadra. 5. Learned counsel for the applicants submits that the N.C.R. has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that there is no medical report of any injured persons. 6. Learned counsel for the applicant submits that the offence punishable under Sections 323, 504 of I.P.C. is 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. 7. 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; 8. 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. 9. In view of what has been stated above, the present application is disposed of. The order impugned dated 05.10.2024 passed by Civil Judge (Senior Division)/ F.T.C. Sonebhadra 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 :- 19.2.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad