Neutral Citation No. - 2025:AHC:46965 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9715 of 2025 Applicant :- Sunil Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Sri Subhash Chandra Mishra, learned counsel for the applicants and Sri Rahul Pandey, learned brief holder for the State are present. 2. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of Criminal Case No. 125 of 2024 (State Vs. Sunil Kumar and others), arising out of N.C.R. No. 84 of 2020, under Sections 323, 504 of I.P.C., Police Station Tharwai, District Prayagraj as well as cognizance/summoning order dated 2.5.2024, pending in the Court of Gram Nayalaya, Tehsil Phoolpur, Prayagraj. 3. Learned counsel for the applicants submits that the cognizance/summoning order dated 2.5.2024 has been passed against the applicants and the magistrate took cognizance as a police case, which is against the provision of Section 2(d) of Cr.P.C. 4. Learned counsel for the applicants submits that the offence punishable under Sections 323, 504 of I.P.C. is non-cognizable offence and 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 2.5.2024 passed by Gram Nayalaya, Tehsil Phoolpur, Prayagraj. 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 :- 3.4.2025 T. Sinha 2 Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad