Neutral Citation No. - 2025:AHC:45739 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9544 of 2025 Applicant :- Sapna Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akancha Singh,Pavan Kishore Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Shri Pavan Kishore, learned counsel for the applicant and Sri Tej Bhan Singh, learned A.G.A. for the State are present. 2. The Present application under Section 528 BNSS has been filed by the applicant to quash the order dated 13.04.2023 passed by Additional Chief Judicial Magistrare, First, Jaunpur, in Criminal Case No. 356 of 2023, arising out of Case Crime No. 403 of 2022, under Sections 427 of I.P.C., P.S. Mariyahun, District Jaunpur, whereby cognizance has been taken as a State case. 3. Learned counsel for the applicant submits that F.I.R. has been registered against the applicant at Police Station Mariyahun, District Jaunpur,, under Section 427 of I.P.C. registered as Case Crime No. 403 of 2022. After completing the investigation, charge-sheet was submitted under Section 427 of I.P.C. and the magistrate took cognizance under Section 427 of I.P.C. 4. Learned counsel for the applicants submits that the offence punishable under Section 427 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 13.04.2023 passed by Additional Chief Judicial Magistrare, First, Jaunpur, 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 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad