Neutral Citation No. - 2025:AHC:55787 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11395 of 2025 Applicant :- Shivshankar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Sri Pankaj Sharma, learned counsel for the applicants and Sri R.K. Singh, learned A.G.A. for the State are present. 2. The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Case No. 927 of 2019 (State Vs. Shivshankar and others), arising out of N.C.R. No. 08 of 2018, under Sections 323, 504 of I.P.C., Police Station Padari, District Mirzapur as well as cognizance/summoning order dated 14.11.2019, pending in the Court of Civil Judge (Senior Division) F.T.C./Additional Chief Judicial Magistrate, Mirzpur. 3. Learned counsel for the applicants submits that the cognizance/summoning order dated 14.11.2019 has been passed against the applicants and the magistrate took cognizance as a police case, which is against the provision of Section 2(d) of Cr.P.C. 4. Learned counsel for the applicants submits that the offence punishable under Sections 323, 504 of I.P.C. is non-cognizable offence and 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 case but investigation discloses a non-cognizable offence deemed to be a complaint. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated 14.11.2019 passed by Civil Judge (Senior Division) F.T.C./Additional Chief Judicial Magistrate, Mirzapur is, hereby, quashed. The matter is remanded back to the court concerned and the Additional Chief Judicial Magistrate, Mirzapur is directed to pass a fresh order after applying the judicial mind. Order Date :- 16.4.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad