HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25499 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application has been preferred for seeking quashing the entire proceeding of Criminal Case no. 47433 of 2025 (State vs. Divakar Choudhary) arising out of Case Crime no. 37 of 2025 under sections 351(2), 352 BNS, 2023, PS- Noida Sector-20, District Commissionerate Gautam Buddh Nagar including charge sheet dated 15.2.2025 as well as cogizance/summoning order dated 15.4.2025 passed by learned Chief Judicial Magistrate, Gautam Buddh Nagar. 3. Learned counsel for applicant has made only one submission before the Court that offences under Sections 351(2), 352 BNS, 2023 are non-cognizable and in view of the explanation to Section 2(d) Cr.P.C., the charge sheet filed by the Investigating Officer concerned cannot proceed as a police case and the same is liable to be proceeded with as a complaint case. In support of his submission, learned counsel of applicant has placed reliance upon the judgments passed in the case of Murli and others Vs. State of U.P. and another, 2008 (61) ACC 54, Virendra Singh and others Vs. State of U.P. and others, 2002 (45) ACC 609 and Shakila Bano and others Vs. State of U.P. and another, 2008 (61) ACC 636. Versus Counsel for Applicant(s) : Kuldeep Tripathi, Shiv Shanker Mishra Counsel for Opposite Party(s) : G.A. Divakar Choudhary .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Although, learned AGA opposed the prayer sought through the instant application but did not dispute the submissions so made by learned counsel for applicant. 5. Since only legal issue has been raised by learned counsel for applicant, process to issue notice to opposite party no. 2 is hereby dispensed with. 6. Before proceeding further, the relevant provisions of Section 2 (d) of Cr.P.C. are being reproduced for ready reference as under:- "2. Definitions.-In this Code, unless the context otherwise requires,- (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. 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. In view of the above explanation, charge sheet submitted by the concerned Investigating Officer in the present case under Sections 351(2), 352 BNS, 2023 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. 8. In view thereof, order dated 15.4.2025 passed by learned Chief Judicial Magistrate, Gautam Buddh Nagar in Criminal Case no. 47433 of 2025 (State vs. Divakar Choudhary) arising out of Case Crime no. 37 of 2025 under sections 351(2), 352 BNS, 2023, PS- Noida Sector-20, District Commissionerate Gautam Buddh Nagar, summoning the applicant on the basis of chargesheet NA528 No. 25499 of 2025 2 submitted by concerned Investigating Officer under Sections 351(2), 352 BNS, 2023 treating the same as State case, is set aside. 9. Accordingly, the instant application is partly allowed. 10. However, it is made clear that this order shall not preclude the learned court concerned to proceed with the case treating it as complaint case, if required, in accordance with . October 14, 2025 Shaswat NA528 No. 25499 of 2025 3 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad