Neutral Citation No. - 2025:AHC:46033 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9642 of 2025 Applicant :- Smt. Preeti Alias Laxmi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Krishna Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Heard Sri Ram Krishna Yadav, learned counsel for the applicants and Sri S.P. Maurya, learned A.G.A. for the State. 2. The present application under Section 528 of B.N.S.S. has been filed to quash the entire proceedings of Case No. 37407 of 2019 (State Vs. Preeti @ Lakshmi and another), arising out of Case Crime No. 954 of 2018, under Section 323 of I.P.C., Police Station New Agra, District Agra, as well as cognizance/summoning order dated 19.7.2019, pending in the court of C.J.M., Agra. 3. Learned counsel for the applicants submits that the offence punishable under Sections 323 of I.P.C. is 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. 4. Section 2(d) of Cr.P.C. is reproduced herein below: "2-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;" 5. 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. 6. In view of what has been stated above, the present application is disposed of. The order impugned dated 19.07.2019 passed by Chief Judicial Magistrate, Agra, 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 :- 2.4.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad