Neutral Citation No. - 2025:AHC:67493 Court No. - 84 Case :- APPLICATION U/S 482 No. - 43153 of 2024 Applicant :- Ram Kumar Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Tiwari,Avinash Shandilya Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the material available on record. 2. The present 482 Cr.P.C. application has been filed to quash the B.W. order dated 24.10.2024; cognizance and summoning order dated 23.07.2024; Charge-sheet dated 6.6.2024 as well as entire proceedings of Criminal Case No. 31957 of 2024 (State Versus Ram Kumar Dwivedi) N.C.R. NO. 7 of 2019 dated 18.02.2019 under sections 323, 504 I.P.C, Police Station Sikandara, District Kanpur Dehat/Ramabai Nagar, pending before the Judicial Magistrate, 2nd Kanpur Dehat/Ramabai Nagar. 3. Learned counsel for the applicants has submitted that charged section is non-cognizable section and the learned Magistrate may pass an order taking cognizance, if he so desires, by proceeding under Chapter XV of the Code of Criminal Procedure. Reliance has been placed to Explanation 2(d) of the Code of Criminal Procedure, which reads as follows:- "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 complaint, and the police officer by whom such report is made shall be deemed to be the complainant." 4. Learned A.G.A. has stated that no useful purpose would be served in issuing notice to the opposite party no.2 as it will only delay the proceedings of the present case. 5. Therefore, on the basis of aforesaid Explanation, which has been interpreted by Co-ordinate Bench of this Court in Application u/s 482 No. 45609 of 2018 (Santosh Kumar and 2 others vs. State of U.P. and others) decided on 31.1.2019, wherein it has been held that when the charge-sheet is only of non-cognizable offence, in view of the aforesaid provision, the charge sheet should be treated as a complaint. 6. The argument of learned counsel for the applicant is well founded and the order dated 23.07.2024 taking cognizance/summoning is set aside. Now, the Magistrate may pass an order taking cognizance, if he so chooses, by proceeding in this matter as a complaint case under Chapter XV of the Code of Criminal Procedure. He can also keep in mind Proviso(a) to Section 200 Cr.P.C., which reads as follows:- "Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses." (a) If a public servant acting or purporting to act in discharge of his official duties or a Court has made the complaint;" 7. With these observations, this application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 30.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad