Neutral Citation No. - 2025:AHC:71533 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12079 of 2025 Applicant :- Sanjay Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atmaram Nadiwal,Dinesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Learned counsel for the applicants is permitted to correct the prayer clause during the course of the day. 2. Sri Dinesh Kumar Yadav, learned counsel for the applicants and Sri Alok Mishra, learned A.G.A. for the State are present. 3. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of Criminal Case No. 567 of 2024 (State of U.P. Vs. Sanjay Yadav and others), arising out of case crime No. 230-A of 2013, under Sections 323, 504 of I.P.C., Police Station Didarganj, District Azamgarh as well as cognizance/summoning order dated 1.9.2016, pending in the Court of Additional Chief Judicial Magistrate, Court No. 12, Azamgarh. 4. Learned counsel for the applicants submits that the cognizance/summoning order dated 1.9.2016 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. 5. 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. 6. 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 2 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 complaint, and the police officer by whom such report is made shall be deemed to be the complainant; 7. 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 made discloses a non-cognizable offence. Such report shall be deemed to be a complaint. 8. In view of what has been stated above, the present application is disposed of. The order impugned dated 1.9.2016 passed by Additional Chief Judicial Magistrate, Court No. 12, Azamgarh 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 :- 5.5.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad