HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1335 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed today by Sri Rama Pati Shukla, Advocate on behalf of opposite party no. 2 is taken on record. Heard learned counsel for the applicant, Sri Rama Pati Shukla, learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the record. The instant application under Section 528 of BNSS has been filed by the applicants with the prayer to quash the chargesheet in Criminal Case No. 644 of 2025; State Vs. Ram Jash and others, arising out of Case Crime No. 06 of 2025, under Sections 115(2), 352 and 351(3) of BNS, Police Station Amethi, District Amethi and summoning order dated 22.05.2025 passed by learned Additional Chief Judicial Magistrate, room no. 20, Sultanpur, as well as entire proceedings in pursuance thereof. The challenge is laid to the impugned cognizance and summoning order dated 22nd of May, 2025 passed by the learned trial court on the ground that the trial court has unlawfully proceeded under Sections 115(2), 352 and 351(3) of BNS, as the same can run as a complaint case, as is prescribed under Section 2(d) of Cr.P.C. For ready reference, Section 2(d) of Cr.P.C. is quoted as under: "2(d) "complaint" means any allegation made orally or in writing to a Versus Counsel for Applicant(s) : Satya Prakash Mishra Counsel for Opposite Party(s) : G.A., Rama Pati Shukla Neeraj And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 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. 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." Referring the aforesaid, he submits that the law is clear at this point that even it is found in any case that from the allegation, the non- cognizance offences constitutes, the criminal prosecution will run as a complaint case. He submits that so far as the present case is concerned, initially an FIR was lodged under Sections 115(2), 352 and 351(3) of BNS, at Police Station Amethi, District Amethi and after investigation, the chargesheet was filed by the Investigating Officer under Sections 115(2), 352 and 351(3) of BNS, 2023, which, in fact, are non-cognizable offences. He submits that when this fact came into the knowledge, the trial court should have proceeded with the matter as a complaint case, though, the trial court erroneously and unlawfully proceeded with the matter as on a police report. He submits that in the event that the trial court found that the matter relates to non-cognizable offence and such matters shall be treated as a complaint case and the chargesheet submitted by the police officer would be treated as a complaint. He added that the learned trial court has unlawfully and erroneously proceeded and has issued the summons treating the same as a police case, which goes against the provision of Section 2(d) of the Cr.P.C. therefore, submission is that the whole proceeding vitiates in the eyes of law and the same may be set aside. On the other hand, learned counsel appearing for opposite party no. 2 as well as learned Counsel for the State have no objection to the contentions, as made by learned counsel for the applicant. Considering the submissions of learned counsel for the parties and after perusal of record, particularly the contentions of learned counsel for the applicant that the present matter covers the field of provisions of Section 2(d) of Cr.P.C., as the trial court has proceeded wrongly and unlawfully on a police report, while issuing process which vitiates NA528 No. 1335 of 2025 2 the proceedings, this Court finds merit in the case, thus, the order dated 22nd of May, 2025 is hereby set aside. The matter is remitted back to the trial court concerned to proceed in accordance with law. With the aforesaid observations, the instant application U/s 482 Cr.P.C. is allowed. The trial court is permitted to proceed the matter within a period of 60 days from the date of this order. September 25, 2025 kkv/ NA528 No. 1335 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench