HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35123 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. 1. Sri Shamim Ahmad Ansari, learned counsel for the applicants and Sri Puspraj Singh, learned brief holder for the State are present. 2. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants to quash the entire proceedings of Criminal Case No. 125 of 2025, arising out of N.C.R. No. 66 of 2020, under Sections 323, 427, 504 of I.P.C., Police Station Saraimeer, District Azamgarh as well as cognizance/summoning order dated 4.1.2025, pending in the Court of Chief Judicial Magistrate, Azamgarh. 3. Learned counsel for the applicants submits that the cognizance/summoning order dated 4.1.2025 has been passed against the applicants and the magistrate took cognizance as a police case, which is against the provision of Section 2(d) of Cr.P.C. 4. Learned counsel for the applicants submits that the offence punishable under Sections 323, 427, 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. 5. 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 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 Versus Counsel for Applicant(s) : Shamim Ahmad Ansari Counsel for Opposite Party(s) : G.A. Rajesh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) police officer by whom such report is made shall be deemed to be the complainant; 6. 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. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated 4.1.2025 passed by Chief Judicial Magistrate, Azamgarh 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 13, 2025 T. Sinha NA528 No. 35123 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad