HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36877 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. 1. Learned counsel for the applicant is permitted to correct the prayer clause during the course of day. 2. Sri Pradeep Kumar Srivastava, Advocate holding brief of Shri Nirbhay Singh, learned counsel for the applicant and Sri B.N. Upadhyay, learned A.G.A. for the State are present. 3. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of Criminal Case No. 12911 of 2024, arising out of N.C.R. No. 90 of 2016, under Sections 323, 504 of I.P.C., Police Station Sarai Inayat Uttar, District Prayagraj as well as cognizance/summoning order dated 10.10.2024, pending in the Court of Additional Chief Judicial Magistrate, Court No. 6, Allahabad. 4. Learned counsel for the applicant submits that the cognizance/summoning order dated 10.10.2024 has been passed against the applicant and the magistrate took cognizance as a police case, which is against the provision of Section 2(d) of Cr.P.C. 5. Learned counsel for the applicant submits that the offence punishable under Sections 323, 504 of I.P.C. is non-cognizable offence and as per provision of Section 2(d) of Cr.P.C. the case could not be a State case and it has been proceeded as a State case, the cognizance/ summoning order is an abuse of the process of law. 6. Section 2(d) of Cr.P.C. is reproduced herein below: (d)"complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Versus Counsel for Applicant(s) : Nirbhay Singh Counsel for Opposite Party(s) : G.A. Abhay Pratap Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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; 7. A bare perusal of explanation added to Section 2(d) shows that this explanation speaks about cases where police has investigated a case but investigation made discloses a non-cognizable offence. Such report shall be deemed to be a complaint. 8. In view of what has been stated above, the present application is disposed of. The order impugned dated 10.10.2024 passed by Additional Chief Judicial Magistrate, Court No. 6, Allahabad is, hereby, quashed. The matter is remanded back to the court concerned and the Magistrate is directed to pass a fresh order after applying the judicial mind. October 28, 2025 T. Sinha NA528 No. 36877 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad