Neutral Citation No. - 2025:AHC-LKO:47034 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 840 of 2025 Applicant :- Jyoti Alias Paikarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sudhakar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. As pure legal issue is involved in the present matter, therefore, it is being heard and decided at the admission stage itself. In view of the above, issuance of notice to the opposite party no.2 is hereby dispensed with. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Instant application under Section 528 BNSS has been filed with the prayer to quash the entire proceedings of the charge sheet no.Nill 2025 dated 10.11.2025 pending in the court of Additional Chief Judicial Magistrate, Court No.36, Sultanpur as well as summoning order dated 7.3.2025 and cognizance order dated 7.3.2025 passed by Additional Chief Judicial Magistrate, Court No.36, Sultanpur at Case Crime/NCR No.11 of 2024 under Sections 131, 115(2), 324(2) BNS, Police Station Bandhuwa Kalan, District Sultanpur. The contention put forth by learned counsel for the applicant is that the NCR was lodged against the applicants after a delay of 12 days whereby alleging that on 18.7.2024; at about 6.15 pm, the applicant suddenly attacked over Smt. Sumitra Devi, the mother of the informant and beaten her brutally as a result she was bleeding and she could rescue herself somehow while entering into the house. He submits that in fact after instituting the NCR, the trial court directed for investigation in the matter and the police, after investigation, submitted the report with respect to committal of non-cognizable offence under Sections 131, 115(2) and 324(2) of BNS. He submits that the trial court on the aforesaid report proceeded in the matter as a police case and took cognizance vide the impugned order dated 7.3.2025 and has also issued process which is impermissible under law. He has drawn attention towards the provision of Section 2(d) of Cr.P.C. which is extracted as under:- "2(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." Referring to the aforesaid, he submits that the law is very clear on this point that if the police is directed by the Magistrate to investigate and submit report and thereafter, if a report is submitted for commission of non-cognizable offence, the same shall be deemed to be a complaint and the police, who submitted such report, would be deemed to be the complainant. He argues that so far as the present case is concerned, trial court has proceeded on the police report for commission of non-cognizable offence has proceeded otherwise than provided under the Cr.P.C. and, therefore, the order impugned dated 7.3.2025 assails illegality and is liable to be set aside. Learned counsel appearing for the State has opposed the contentions aforesaid and submits that the trial court has rightly passed the order but he could not dispute the illegality committed by the trial court. Having heard learned counsel for the parties and after perusal of the record, it transpires that the law is very clear with respect to the NCR submitted and the proceedings thereof. The explanation of Section 2(d) is very clear that once a report made by the police, discloses the commission of non cognizable offence, the same shall be deemed to be a complaint. So far as the present matter is concerned, the NCR was reported whereafter the Magistrate directed for investigation by the police and the police submitted the report for commission of non-cognizable offences under Sections 131, 115(2) and 324 (2) BNS which is apparent from the order impugned, however, the trial court proceeded in the matter as a police case. Since the learned trial court has proceeded against the provisions of Section 2(d) of Cr.P.C. the order impugned dated 7.3.2025 does not sustain in the eyes of law. Consequently, the order dated 7.3.2025 passed by the trial court in Case Crime/NCR No.11 of 2024 under Sections 131, 115(2), 324(2) BNS, Police Station Bandhuwa Kalan, District Sultanpur, is hereby set aside. The matter is remitted back to the trial court to pass fresh order strictly in accordance with the provision of Section 2(d) read with explanation. The application is accordingly allowed at the admission stage. Order Date :- 12.8.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench