HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25826 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 528 BNSS application has been filed to quash the impugned charge sheet dated 17.03.2021 & summoning order dated 02.05.2022 as well as entire proceedings of Case No. 35926 of 2021 (State Vs Priyanka Gupta & Others) arising out of Case Crime No. 1388 of 2021, u/s 323 IPC, Police Station Majhola, District Muradabad, pending in the court of learned ACJM, Court No. 4, Muradabad. 3. Learned counsel for the applicants has submitted that charged section is non-cognizable section and the learned Magistrate may pass an order taking cognizance, if he so desires, by proceeding under Chapter XV of the Code of Criminal Procedure. Reliance has been placed to Explanation 2(d) of the Code of Criminal Procedure, which reads 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." 4. Learned A.G.A. has stated that no useful purpose would be served in issuing notice to the opposite party no.2 as it will only delay the proceedings of the present case. 5. Therefore, on the basis of aforesaid Explanation, which has been interpreted by Co-ordinate Bench of this Court in Application u/s 482 No. Versus Counsel for Applicant(s) : Chandra Pal Singh, R.V. Pandey Counsel for Opposite Party(s) : G.A. Priyanka Gupta And 3 Others .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) 45609 of 2018 (Santosh Kumar and 2 others vs. State of U.P. and others) decided on 31.1.2019, wherein it has been held that when the charge-sheet is only of non-cognizable offence, in view of the aforesaid provision, the charge sheet should be treated as a complaint. 6. The argument of learned counsel for the applicant is well founded and the order taking cognizance is set aside. Now, the Magistrate may pass an order taking cognizance, if he so chooses, by proceeding in this matter as a complaint case under Chapter XV of the Code of Criminal Procedure. He can also keep in mind Proviso(a) to Section 200 Cr.P.C., which reads as follows:- "Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses." (a) If a public servant acting or purporting to act in discharge of his official duties or a Court has made the complaint;" 7. With these observations, this application under Section 528 BNSS is finally disposed of. October 30, 2025 Nitin Verma NA528 No. 25826 of 2025 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad