HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32465 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 of charge sheet dated 25.10.2022, as well as summoning/cognizance order dated 4.4.2025 arising out of Case Crime no. 360 of 2019 under sections 507 and 504 IPC, PS- Handia, District Prayagraj pending in court of learned ACJM, Room no. 8, Prayagraj against the applicant. 3. Learned counsel for applicant has made only one submission before the Court that offences under Sections 504 and 507 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 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. 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. Before proceeding further, the relevant provisions of Section 2 (d) of Cr.P.C. are being reproduced for ready reference as under:- Versus Counsel for Applicant(s) : Ashutosh Tiwari, Praveen Tripathi Counsel for Opposite Party(s) : G.A. Deepak Mishra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) "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 504 and 507 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, order dated 4.4.2025 passed by learned Additional Chief Judicial Magistrate, Court no. 8, Allahabad summoning the applicant on the basis of chargesheet submitted by concerned Investigating Officer under Sections 507 and 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 10, 2025 Shaswat NA528 No. 32465 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad