HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7714 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. The matter is being decided at the admission stage, therefore, the notice to the opposite party no.3 is hereby dispensed with. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. By means of the instant application, the applicants have prayed to quash the summoning order dated 25.11.2016 passed in Case No.794 of 2015/39 of 2024 (State Vs. Chandan and Anr.) arising out of NCR No.86/2013 under Sections 323 and 504 IPC P.S.- Gauriganj, District- Amethi pending before the Gram Nyayalay, Gauriganj, Sultanpur. 4. The learned counsel for the applicants submits that an NCR was registered against the applicants under Sections 323 and 504 IPC, in which, the investigation was concluded and charge sheet was submitted under Sections 323 and 504 IPC and thereafter, the trial court proceeded in the matter and took cognizance vide order dated 25.11.2016 and has also issued process which is impermissible under the law, as the same is against the mandate of Section 2(d) of CrPC. 5. Section 2(d) of CrPC is referred hereinunder: "2. Definitions.—In this Code, unless the context otherwise requires,— Versus Counsel for Applicant(s) : Mayur Gautam, Ashuja Gupta Counsel for Opposite Party(s) : G.A. Jitendra Kumar @ Chandan And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. U.P. And 2 Others .....Opposite Party(s) (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." 6. Learned counsel for the applicants submits that the whole proceeding vitiates in the eyes of law as this case cannot run as a police case, therefore, the criminal proceeding arising out of NCR No.86/2013 may be quashed. 7. Learned counsel for the State could not dispute the contentions aforesaid. 8. Considering the aforesaid submissions of learned counsel for the parties, it transpires that the NCR was registered under Sections 323 and 504 IPC, in which, the investigation was concluded and charge sheet was submitted under Sections 323 and 504 IPC. This court has further noticed that the trial court has taken cognizance for aforesaid offences and issued summons to the applicants, though, the same could not have been done on the premises of the mandate of the provisions prescribed under Section 2(d) of CrPC. 9. Accordingly, the present application is allowed and the criminal proceedings with regard to summoning order dated 25.11.2016 passed in Case No.794 of 2015/39 of 2024 (State Vs. Chandan and Anr.) arising out of NCR No.86/2013 under Sections 323 and 504 IPC P.S.- Gauriganj, District- Amethi pending before the Gram Nyayalay, Gauriganj, Sultanpur are hereby quashed. 10. Consequences to follow. 11. Consigned to record. September 16, 2025 V. Sinha A482 No. 7714 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench