Neutral Citation No. - 2025:AHC:51242 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9965 of 2025 Applicant :- Anil And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Shri Sanjay Kumar Verma, learned counsel for the applicants and Sri Alok Mishra, learned A.G.A. for the State are present. 2. The Present application under Section 528 of BNSS has been filed by the applicants to quash the entire proceedings of Criminal Case No. 9332 of 2020 (State v. Anil and others) arising out of NCR No. 20 of 2019, under Sections 323, 504 of IPC, Police Station Kidwai Nagar, District Kanpur Nagar, as well as cognizance/summoning order dated 17.03.2020, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar, pending before the Judicial Magistrate, II, Kanpur Nagar. 3. Learned counsel for the applicant submits that NCR has been registered against the applicants at Police Station Kidwai Nagar, District Kanpur Nagar, under Sections 323, 504 of I.P.C. registered as NCR No. 20 of 2019. After completing the investigation, charge-sheet was submitted under Sections 323, 504 of IPC and the magistrate took cognizance under Sections 323, 504 of IPC. 4. Learned counsel for the applicants submits that the offence punishable under Sections 323, 504 of IPC 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 complaint; 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 cognizable offence shall be deemed to be complaint. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated cognizance/summoning order dated 17.03.2020 passed by Chief Metropolitan Magistrate, Kanpur Nagar, 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 :- 9.4.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad