HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32761 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present application has been preferred for seeking quashing of charge-sheet dated 12.06.2024 and cognizance/summoning order dated 30.08.2024 along with entire proceedings of Criminal Case No.74988 of 2024 (State Vs. Aman Kumar and Another) arising out of Case Crime No.150 of 2024, under Section 323, 504 IPC, P.S. Rohaniya, District- Varanasi, pending in the court of learned Special Chief Judicial Magistrate, Varanasi. 3. Learned counsel for applicants has made only one submission before the Court that offences under Sections 323, 504 I.P.C. 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 applicants 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. 4. Although, learned AGA opposed the prayer sought through the instant application but did not dispute the submissions so made by learned counsel for applicants. 5. Before proceeding further, the relevant provisions of Section 2 (d) of Versus Counsel for Applicant(s) : Ashish Kumar Chaurasiya Counsel for Opposite Party(s) : G.A. Aman Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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." 6. In view of the above explanation, charge sheet submitted by the concerned Investigating Officer in the present case under Sections 323, 504 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 is, therefore, liable to be set aside. 7. In view thereof, cognizance/summoning order dated 30.08.2024 passed by learned Special Chief Judicial Magistrate, Varanasi against the applicants on the basis of charge-sheet submitted by concerned Investigating Officer under Sections 323, 504 I.P.C. treating the same as State case, is set aside. 8. Accordingly, the instant application is partly allowed. 9. 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 Saif NA528 No. 32761 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad