HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22860 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash the entire proceedings of Case no. 20/2025 (State vs. Shahid & others) under sections 115(2), 351(2), 352 BNS, pending in court of learned Additional Chief Judicial Magistrate, Court no. 2, Rampur arising out of Case Crime no. 184/2024, under sections 115(2), 351(2), 352 BNS, PS- Ajeemnagar, District Rampur as well as charge sheet no. 167/2024 dated 26.7.2024 and cognizance/summoning order dated 7.1.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 2, Rampur. 3. At the very outset, learned counsel for the applicants submitted that all the aforesaid three sections i.e. wherein 115(2), 351(2), 352 BNS cognizance has been taken up and the applicants have been summoned are non- cognizable and as such the instant matter is barred by Section 2(d) of Cr.P.C. 4. For substantiating the arguments raised by learned counsel for the applicants, he relied upon case of Pravesh and another vs. State of U.P. and another decided on 14.12.2006 in Crl. Misc. Application no. 16690 of 2006 by co-ordinate Bench of this Court, wherein the similar issue has already been decided and the ratio of judgment is illustrated in below mentioned para which is reiterated herein below: "6. The position in this way is that all the three offences punishable under sections 323, 504 and 506 I.P.C. are non-cognizable. Versus Counsel for Applicant(s) : Rakesh Kumar Mishra Counsel for Opposite Party(s) : G.A. Shahid And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Explanation to section 2(d) of the Cr.P.C. runs as under: "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." In view of the above explanation, report of the police officer after investigation regarding commission of non-cognizable offence shall be deemed to be complaint and the police officer who submitted the report shall be deemed to be complainant. So, the legal position is that in a non- cognizable offence charge sheet submitted by the police disclosing non- cognizable offence only shall be treated to be complaint and the procedure prescribed for hearing of a complaint case shall be applicable to that case. The position in this way is that according to the above explanation charge sheet submitted by the police in the present case under sections 323, 504 and 506 I.P.C. shall be treated as complaint and it is to be decided as complaint and the learned Magistrate fell in legal error by taking cognizance as State case and the orders passed by him are, therefore, liable to be set aside. The application under section 482 Cr.P.C. is, therefore, allowed to this extent that the orders dated 10.10.2006 and 16.11.2006 passed by the Magistrate summoning the accused on the basis of the charge sheet submitted by the police under sections 323, 504 and 506 I.P.C. treating the same as State case are set aside, and Magistrate concerned is directed to proceed with the case treating it as complaint case. " 5. In view of aforementioned facts and circumstances, applicants' case is squarely covered with judgment rendered by co-ordinate Bench of this Court in case of Pravesh and another (supra). Charge sheet submitted by the concerned Investigating Officer in the present case under Sections 115(2), 351(2), 352 BNS shall be treated as complaint and it is to be decided as complaint and the learned Magistrate fell in legal error by taking cognizance as State case and the orders passed by him is, therefore, liable to be set aside NA528 No. 22860 of 2025 2 hence, impugned cognizance order dated 7.1.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 2, Rampur is hereby set aside. However, this order will not preclude the learned concerned court to treat the matter specifically in accordance with law. 6. The instant application u/s 528 BNSS stands partly allowed. October 8, 2025 Shaswat NA528 No. 22860 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad