Neutral Citation No. - 2025:AHC:49589 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11092 of 2025 Applicant :- Amit Pal @ Amit Kumar Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pragyan Kumar Mishra,Sharad Mayank Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Heard Sharad Mayank Pandey, learned counsel for the applicant and Sri Tej Bhan Singh, 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. 457 of 2024 (Jagrani Devi and others), arising out of N.C.R. No. 58 of 2024, under Section 323, 504 of I.P.C., Police Station Kachhawa, District Mirzapur, as well as cognizance/summoning order dated 6.11.2024, pending in the court of Additional Civil Judge (S.D.)/A.C.J.M., Court No. 1, Mirzapur. 3. Learned counsel for the applicants submits that the offence punishable under Sections 323, 504 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 6.11.2024 passed by Additional Civil Judge (S.D.)/A.C.J.M., Mirzapur, 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 :- 7.4.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad