HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23371 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 chargesheet dated 27.05.2024 and cognizance/summoning order dated 09.09.2024 as well as entire proceedings of Criminal Case No.24271 of 2024 (State Vs. Vinay Kumar Yadav), arising out of Case Crime No.42 of 2024, under Section 188, 171-E IPC, P.S. Kakwan, District Kanpur Nagar, pending in the court of learned Additional Chief Judicial Magistrate, Court Room No.3, Kanpur Dehat. 3. Learned counsel for applicant has made only one submission before the Court that applicants were summoned vide impugned order dated 08.08.2017 for commission of offence under Section 188, 171-E I.P.C. which 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 Cr.P.C. are being reproduced for ready reference as under:- "2. Definitions.-In this Code, unless the context otherwise requires,- Versus Counsel for Applicant(s) : Mahendra Pratap Singh Counsel for Opposite Party(s) : G.A. Vinay Kumar Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (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 188, 171-E 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 09.09.2024 passed by learned court concerned summoning the applicant on the basis of chargesheet submitted by concerned Investigating Officer under Sections 188, 171-E 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 Vivek Kr. NA528 No. 23371 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad