HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7334 of 2025 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Supplementary affidavit, filed today, is taken on record. 2. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 3. The present 528 BNSS application has been filed to quash the Charge sheet dated 03.04.2024; cognizance order dated 10.12.2024 as well as entire criminal proceeding of Case No.547 of 2024, N.C.R. No.103 of 2023, Case Crime No.498 of 2023, Under Section 323 I.P.C., police station Bithri Chainpur, District-Bareilly, pending in the Court of Additional Civil Judge (S.D.)/ A.C.J.M Bareilly. 4. Learned counsel for the applicant has submitted that charged section is non-cognizable section and the learned Magistrate may pass an order taking cognizance, if he so desires, by proceeding under Chapter XV of the Code of Criminal Procedure. Reliance has been placed to Explanation 2(d) of the Code of Criminal Procedure, which reads as follows:- "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." 5. Learned A.G.A. has stated that no useful purpose would be served in issuing notice to the opposite party no.2 as it will only delay the proceedings Versus Counsel for Applicant(s) : Dileep Kumar Counsel for Opposite Party(s) : G.A. Jainul Aabdin .....Applicant(s) State of U.P. and Another .....Opposite Party(s) of the present case. 6. Therefore, on the basis of aforesaid Explanation, which has been interpreted by Co-ordinate Bench of this Court in Application u/s 482 No. 45609 of 2018 (Santosh Kumar and 2 others vs. State of U.P. and others) decided on 31.1.2019, wherein it has been held that when the charge-sheet is only of non-cognizable offence, in view of the aforesaid provision, the charge sheet should be treated as a complaint. 7. The argument of learned counsel for the applicant is well founded and the order taking cognizance is set aside. Now, the Magistrate may pass an order taking cognizance, if he so chooses, by proceeding in this matter as a complaint case under Chapter XV of the Code of Criminal Procedure. He can also keep in mind Proviso(a) to Section 200 Cr.P.C., which reads as follows:- "Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses." (a) If a public servant acting or purporting to act in discharge of his official duties or a Court has made the complaint;" 8. With these observations, this application under Section 528 BNSS is finally disposed of. September 10, 2025 Meenu Singh NA528 No. 7334 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad