Neutral Citation No. - 2025:AHC:144613 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11549 of 2025 Applicant :- Naeem Ahmad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adil Khan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 528 B.N.S.S. application has been filed to quash the charge sheet dated 16.06.2023 and cognizance order dated 20.07.2024 passed by Chief Judicial Magistrate, Amroha as well as the entire proceeding of Case No. 7991 of 2024 (State Vs. Naeem and others), arising out of Case Crime no. 281 of 2023, under section 323, 504 I.P.C., Police Station- Didoli, District- Amroha, pending in the Court of Chief Judicial Magistrate, Amroha. 3. Learned counsel for the applicants has submitted that charged sections are non- cognizable sections and the learned Magistrate may pass an order taking cognizance, if he so desires, by proceeding under Chapter XV of the Code of Criminal Procedure. Reliance has been placed to Explanation 2(d) of the Code of Criminal Procedure, which reads as follows:- "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 complaint, and the police officer by whom such report is made shall be deemed to be the complainant." 4. Learned A.G.A. has stated that no useful purpose would be served in issuing notice to the opposite party no.2 as it will only delay the proceedings of the present case. 5. Therefore, on the basis of aforesaid Explanation, which has been interpreted by Co-ordinate Bench of this Court in Application u/s 482 No. 45609 of 2018 (Santosh Kumar and 2 others vs. State of U.P. and others) decided on 31.1.2019, wherein it has been held that when the charge-sheet is only of non-cognizable offence, in view of the aforesaid provision, the charge sheet should be treated as a complaint. 6. The argument of learned counsel for the applicants is well founded and the order taking cognizance is set aside. Now, the Magistrate may pass an order taking cognizance, if he so chooses, by proceeding in this matter as a complaint case under Chapter XV of the Code of Criminal Procedure. He can also keep in mind Proviso(a) to Section 200 Cr.P.C., which reads as follows:- "Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses." (a) If a public servant acting or purporting to act in discharge of his official duties or a Court has made the complaint;" 7. With these observations, this application under Section 528 B.N.S.S. is finally disposed of. Order Date :- 22.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad