Neutral Citation No. - 2025:AHC:55227 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12031 of 2025 Applicant :- Anand @ Anand Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Supplementary affidavit filed today, which is taken on record. 2. Sri Anirudh Singh, holding brief of Sri S.K. Singh, learned counsel for the applicants and Sri R.K. Singh, learned A.G.A. for the State are present. 3. The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Case No. 3001 of 2013, (State Vs. Anand & Others), arising out of Case Crime No. 453 of 2013, under Section 504 of I.P.C., Police Station Colonelganj, District Allahabad (Now Prayagraj) as well as cognizance/summoning order dated 24.12.2013 pending in the Court of Special Chief Judicial Magistrate, Allahabad. 4. The delay in filing of the present application is explained. 5. Learned counsel for the applicants submits that the cognizance/summoning order dated 24.12.2013 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. 6. Learned counsel for the applicants submits that the offence punishable under Section 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. 7. 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; 8. 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, which shall be deemed to be complaint. 9. In view of what has been stated above, the present application is disposed of. The order impugned dated 24.12.2013 passed by Special Chief Judicial Magistrate, Allahabad 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 :- 11.4.2025 Vikram Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad