Neutral Citation No. - 2025:AHC:69082 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15060 of 2025 Applicant :- Ramnaresh Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Khare,Rashtrapati Khare Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. During course of argument, learned counsel for the applicant is permitted to correct the prayer clause. 2. Heard Sri Rashtrapati Khare, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the order dated 25.03.2025 passed by District Judge, Mirzapur in Criminal Revision No. 114 of 2024 (Ramnaresh Sharma Vs. State of U.P. and another) where by the revisional court affirm the order dated 26.04.2024 passed by Additional Civil Judge (J.D.) Court No. 3, Mirzapur whereby the applicant summoned under section 323, 504 IPC as well as entire proceedings of Case No. 148 of 2024, NCR No. 03 of 2024 under section 323, 504 I.P.C., Police Station- Padri, District Mirzapur. 3. Learned counsel for the applicant submits that the N.C.R. No. 03 of 2024 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. 4. Learned counsel for the applicant submits that the offence punishable under Section 323 of I.P.C. is a non-cognizable offence 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 complaint, and the police officer by whom such report is made shall be deemed to be the complainant; 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 made discloses a non-cognizable offence, such report shall be deemed to be complaint. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated 25.03.2025 passed by District Judge, Mirzapur 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 :- 1.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad