Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9992 of 2025 Applicant :- Zahida And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sadaf Noori Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Ms. Sadaf Noori, learned counsel for the applicants and Sri Pankaj Kumar Rai, 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 entire proceedings of Criminal Case No. 3969 of 2012, arising out of NCR No. 154 of 2012, under Sections 323, 427 and 504 of I.P.C., P.S. Mauaima, District Prayagraj, as well as summoning/cognizance order dated 18.12.2012 and 19.12.2022, whereby the non-bailable warrant has been issued by Special Chief Judicial Magistrate, Prayagraj. 3. The delay in filing the present application is explained. 4. Learned counsel for the applicant submits that NCR has been registered against the applicants at Police Station Mauaima, District Prayagraj, under Sections 323, 427 and 504 of I.P.C. registered as NCR No. 154 of 2012. After completing the investigation, charge-sheet was submitted under Sections 323, 427 and 504 of I.P.C. and the magistrate took cognizance under Sections 323, 427 and 504 of I.P.C. 5. Learned counsel for the applicants submits that the offence punishable under Sections 323, 427 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; 7. 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. 8. In view of what has been stated above, the present application is disposed of. The orders impugned dated 18.12.2012 and 19.12.2022 passed by Special Chief Judicial Magistrate, Prayagraj, are 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 :- 9.4.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad