Neutral Citation No. - 2025:AHC:10071 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 44253 of 2024 Applicant :- Kamlesh Chauhan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicants, learned AGA for State and perused the records. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 of BNSS for quashing the charge-sheet dated 05.07.2016, cognizance-cum-summoning order dated 06.10.2017 as well as the entire proceedings of Case No.5400 of 2017 (State v. Kamlesh Chauhan and others), under Sections 323, 504, 427 of IPC, P.S.- Cholapur, District- Varanasi, arising out of NCR No.126 of 2016, pending in the court of learned Additional Chief Judicial Magistrate-I, Varanasi. 3. Solitary submission advanced by learned counsel for the applicants is that all the sections under which the present applicants have been arraigned i.e., Sections 323, 504, 427 of IPC are non-cognizable/bailable, therefore, cognizance/summoning order dated 06.10.2017 treating the case as a police case is non est in the eye of law. It is further submitted that matter utmost could have been considered as a complaint under Section 2(d) of CrPC. 4. Perusal of record reveals that the opposite party no.2 has lodged an NCR being NCR No.126 of 2016 dated 01.05.2016 showing the occurrence of offence dated 01.05.2016. In pursuance of the direction issued by the court concerned under Section 155(2) of CrPC, Investigating Officer, after due investigation, has submitted the charge-sheet no.NIL of 2016 dated 05.07.2016 arraigning the present applicants under Sections 323, 504 and 427 of IPC. As per the First Scheduled appended to the CrPC, all the offences under the aforesaid sections are non-cognizable and bailable. Definition of complaint is denoted under Section 2(d) of CrPC. As per explanation to Section 2(d) of CrPC, any report submitted by the Police Officer in cases which discloses, after investigation, the commission of non-cognizable offence shall be deemed to be a complaint and the Police Officer by whom report is made shall be deemed to be complainant. For ready reference, Section 2(d) CrPC is quoted herein below :- "Section 2(d) CrPC- "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." 5. Having considered the definition of complaint as enunciated under Section 2(d) of CrPC, in the given circumstances of the present case, it evince that the offence under which present applicants have been arraigned in the charge-sheet are bailable/non-cognizable, therefore, in this view of the matter, charge-sheet (report) submitted by the Investigating Officer should be considered as a complaint and accordingly, Police Officer should be considered as a complainant. However, in the present matter, learned Magistrate has taken the cognizance of offence and, accordingly, issued summons against the present applicants (accused), vide order dated 06.10.2017. In my considered opinion, in view of the legal provisions as enunciated under Section 2(d) of CrPC, charge-sheet (report) submitted by the police cannot be registered as a police case and same should be considered and decided as a complaint. 6. In this conspectus, as above, I am of the considered view that there is a glaring abuse of process of law wherein present applicants have been summoned under Sections 323, 504, 427 of IPC to face the police case whereas it should be tried as a complaint. 7. Resultantly, instant applicant under Section 528 of BNSS succeeds and is allowed. Cognizance/summoning order dated 06.10.2017 passed by concerned learned Magistrate is hereby quashed and the parties are relegated before the court concerned to pass a fresh order, in accordance with law, as discussed above, within a period of one month from the date of production of certified copy of this order. 8. Office is directed to transmit the order of the date to the court concerned, forthwith. Order Date :- 21.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad