Neutral Citation No. - 2025:AHC:85881 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15985 of 2025 Applicant :- Nikhil Malik And Another Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Malviya,Akash Mishra,Shashwat Garg Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Sri Akash Mishra, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State are present. 2. The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 7475 of 2023 (State vs. S.I. Nikhil Malik and others), arising out of Case Crime No. 16 of 2019, under Section 223 IPC, P.S. G.R.P. Fatehpur, District Fatehpur as well as cognizance/summoning order dated 14.02.2023, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 1, Fatehpur. 3. Learned counsel for the applicants submits that the cognizance/summoning order dated 14.02.2023 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. 4. Learned counsel for the applicants submits that the offence punishable under Sections 223 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. 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 cognizable case but investigation made discloses a non-cognizable offence, which shall be deemed to be a complaint. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated 14.02.2023 passed by Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 1, Fatehpur is, hereby, quashed. The matter is remanded back to the court concerned and the Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 1, Fatehpur is directed to pass a fresh order after applying the judicial mind. Order Date :- 21.5.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad