Neutral Citation No. - 2025:AHC:80730 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15779 of 2025 Applicant :- Ashok Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Sri Rajesh Kumar Singh, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. 2. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of Criminal Case No. 215 of 2025 (State Vs. Ashok Kumar Singh), arising out of Case Crime No. 422 of 2024, under Section 115(2) of B.N.S. (Section 323 of I.P.C.), Police Station Mungra Badshahpur, District Jaunpur as well as cognizance/summoning order dated 3.3.2025, pending in the Court of Additional Chief Judicial Magistrate, Court No. 4, Jaunpur. 3. Learned counsel for the applicant submits that the first information report dated 23.12.2024 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that the charge sheet has not been submitted under Section 191(2) of B.N.S. (Section 147, I.P.C.). Learned counsel for the applicant submits that the cognizance/summoning order dated 3.3.2025 has been passed against the applicant and the magistrate took cognizance as a police case, which is against the provision of Section 2(1)h, B.N.S.S. (Section 2(d) of Cr.P.C.). 4. Learned counsel for the applicant submits that the offence punishable under Section 115(2) of B.N.S. (Section 323 of I.P.C.) is non-cognizable offence and as per provision of Section 2(1)h, B.N.S.S. (Section 2(d) of Cr.P.C.)., the case could not be a State case and it has been proceeded as a 2 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 a complaint. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated 3.3.2025 passed by Additional Chief Judicial Magistrate, Court No. 4, Jaunpur 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 :- 15.5.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad