Neutral Citation No. - 2025:AHC:33337 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7436 of 2025 Applicant :- Avanish And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukul Yadav,Rajesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Shri Rajesh Yadav, learned counsel for the applicants and learned A.G.A. for the State are present. 2. The present application under Section 528 of BNSS has been filed by the applicants to quash the entire proceedings of Criminal Case No. 5730 of 2020, arising out of NCR No. 222 of 2018, under Sections 323, 504 of I.P.C., P.S. Ranipur, District Mau, as well as summoning order dated 16.07.2020 pending in the Court of Judicial Magistrate, Mau. 3. Learned counsel for the applicant submits that NCR has been registered against the applicants at Police Station Jheenjhana, District Shamli, under Sections 323, 504 of I.P.C. registered as NCR No. 222 of 2018. After completing the investigation, charge- sheet was submitted under Sections 323, 504 of I.P.C. and the magistrate took cognizance under Sections 323 and 504 of I.P.C. 4. Learned counsel for the applicants submits that the offence punishable under Sections 323 and 504 of I.P.C. are non- cognizable offence 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 complainant, and the 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 cognizable case but investigation made discloses a non-cognizable offence. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated 16.07.2024 passed by Judicial Magistrate, Mau, 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. Order Date :- 6.3.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad