Neutral Citation No. - 2025:AHC-LKO:11090 Court No. - 18 Case :- APPLICATION U/S 482 No. - 1626 of 2025 Applicant :- Vimlesh @ Vimlesh Devi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home District Lko. And Another Counsel for Applicant :- Uma Kant Gupta,Suhail Kashif Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no. 1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire proceedings of Case No. 2368 of 2024 arising out of NCR No. 152 of 2022, under Sections 323, 504 I.P.C., Police Station Maurawan, District Unnao, pending in the court of of Civil Judge (Junior Division) Purwa/J.M. Purwa, Unnao. Learned counsel for the applicants submits that the offences under Sections 323 and 504 I.P.C. are non-cognizable, hence in view of Explanation to Section 2(d) Cr.P.C., the case could not proceed as State Case and it had to proceed as a complaint case. He further submits that the concerned Magistrate has erroneously passed an order taking cognizance and summoned the applicants to face trial vide order dated 12.11.2024. It is clear from the above that all the offences punishable under Sections 323 and 504 I.P.C. are non-cognizable. Explanation to Section 2(d) Cr.P.C. runs 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." In view of the said explanation, report of the Police Officer, after investigation, disclosing commission of non-cognizable offence is to be deemed to be a complaint and the Police Officer, who submitted the report has deemed to be a complainant. In other words, the charge-sheet submitted by the Police in a non-cognizable offence shall be treated to be a complaint and the procedure prescribed for hearing of the complaint case shall be applicable to that case. In the present case from the material on record, it transpires that after submission of the charge- sheet by the Investigating Officer, the concerned Magistrate instead of treating it a complaint case has treated it a State case and has taken cognizance and summoned the applicants, which is not permissible under law. Learned A.G.A. does not dispute the aforesaid legal submission advanced on behalf of the applicants. Having considered the submissions made by learned counsel for the parties and from perusal of the material on record as well as the Code of Criminal Procedure, I am of the view that the submissions made by the learned counsel for the applicants have force and are liable to be accepted. For the aforesaid reasons, impugned summoning order dated 12.11.2024 passed by Civil Judge (Junior Division) Purwa/J.M. Purwa, Unnao is hereby quashed. The matter is remanded with a direction to the concerned court below to pass fresh order treating the charge-sheet as a complaint and the procedure prescribed for hearing of the complaint case shall be followed by the court concerned before summoning the applicants. With the aforesaid observations, this application stands disposed of. Order Date :- 20.2.2025 saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad, Lucknow Bench