Neutral Citation No. - 2025:AHC:22524 Court No. - 75 Case :- APPLICATION U/S 482 No. - 41491 of 2024 Applicant :- Rajendra Singh Alias Gudde And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Shri Dheeraj Kumar Dwivedi, learned counsel for the applicants and learned A.G.A. for the State are present. 2. The delay in filing the present application is explained. 3. The Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the entire proceedings of Case No. 2327 of 2012 (State v. Rajendra Singh @ Gudde and others), arising out of Case Crime No. 203A of 2011, under Sections 323, 504 of IPC, P.S. Bithoor, District Kanpur Nagar, as well as summoning/cognizance order dated 22.12.2011, pending in the Court of Addition Chief Metropolitan Magistrate, Kanpur Nagar. 4. Learned counsel for the applicant submits that F.I.R. has been registered against the applicants at Police Station JBithoor, District Kanpur Nagar, under Sections 323 and 504 of I.P.C. registered as Case Crime No. 203A of 2011. After completing the investigation, charge-sheet was submitted under Sections 323, 504 of I.P.C. and the magistrate took cognizance under Sections 323, 504of I.P.C. against the applicants. 5. Learned counsel for the applicants submits that the offence punishable under Sections 186 and 34 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. 6. 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; 7. 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. 8. In view of what has been stated above, the present application is disposed of. The order impugned dated 22.12.2011 passed by Addition Chief Metropolitan Magistrate, Kanpur Nagar, 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 :- 17.2.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad