Neutral Citation No. - 2025:AHC:115732 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.18) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 12596 of 2025 Applicant :- Yashin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. A certified copy of the impugned summoning order has been placed on record by learned counsel for the applicants, which is taken on record. 2. Heard Sri Shailesh Pandey, Advocate holding brief of Sri Pawan Kumar, learned counsel for the applicants and Sri Rakesh Kumar Mishra, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 31.12.2023 as well as impugned summoning order dated 06.09.2024 passed in N.C.R. No. 74 of 2024 as well as Crime No. 198 of 2023 under Sections 323, 504 I.P.C., P.S.- Shahjad Nagar, District- Rampur, pending in the court of learned Additional Chief Judicial Magistrate-II, Rampur. 3. Learned counsel of the applicants submits that in the instant case, initially, an N.C.R. was lodged against the applicants by the opposite party no.2 on 14.09.2023. Subsequently thereto, the F.I.R. was registered being Case Crime No. 198 of 2023 on 11.12.2023. The matter was investigated and a charge-sheet was filed for the offences under Sections 323 and 504 I.P.C. Learned counsel for the applicants submits that since the charge sheet is filed only for the offences under Sections 323 and 504 I.P.C., which are non- cognizable offences, therefore, the provisions of Section 2(d) of the Code of Criminal Procedure would apply in the instant case and the said case is required to be treated as a complaint case. 4. Learned counsel for the applicants further submits that vide impugned order dated 06.09.2024, the Additional Chief Judicial Magistrate, Rampur, had taken cognizance on the police report for the offences which are non cognizable, therefore, summoning order is not sustainable. Therefore, he seeks quashing of the said summoning order dated 06.09.2024 passed against the applicants. 5. Learned counsel for the applicants further submits that once the instant case is to be treated as a complaint case and the police report is to be treated as a complaint and the officer who had submitted a report is to be treated as a complainant, then, it is the mandatory duty of the learned Magistrate to apply its mind to the facts of the case and material available before it and thereupon, record its satisfaction that a prima facie case is made out against the applicants, only then, the summoning is permissible. Since, in the impugned order there is no discussion to the facts of the case or the allegations leveled against the applicants, only on the basis of the charge-sheet cognizance is being taken, without referring the facts of the case, therefore, the same is not sustainable. 6. Learned A.G.A. do not dispute the aforesaid submissions made by the learned counsel for the applicants, and, relying upon Section 2(d) of the Code of Criminal Procedure, it is submitted that the Magistrate is barred to take cognizance in non-cognizable offence on the basis of a police report, the same is required to be treated as a complaint case and the police report is required to be treated as a complaint. 7. Having heard the submissions made by learned counsels for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that since, initially an N.C.R. was lodged which was later on converted to the F.I.R. being Case Crime No. 198 of 2023. Matter was investigated and charge-sheet was filed against the applicants for the offenses under Sections 323 and 504 of the I.P.C., which are non-cognizable offenses. In view thereof, the provisions of Section 2(d) of the Cr.P.C. would apply in this instant case, and the Magistrate is bound to treat the said police report as a complaint case and the officer who submitted the report as the complainant. Thereupon, the provisions of Chapter XV of the Code of Criminal Procedure would apply in the instant case. 8. Therefore, in the considered opinion of this Court the impugned summoning order dated 06.09.2024 is not in accordance with the law. Therefore, the same is hereby set aside and the matter is remanded back to the trial court concerned for passing a fresh order in accordance with the law. 9. Accordingly, the instant application is disposed of. Order Date :- 17.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad