Neutral Citation No. - 2025:AHC:107583 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15898 of 2025 Applicant :- Gyanendra Kumar Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arjun Sharma,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A., Rajiv Shukla Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for applicant, learned counsel for the informant / opposite party No. 2 and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 17.12.2024 and cognizance / summoning order dated 21.02.2025, of criminal case no. 14192 of 2025, arising out of case crime no. 218 of 2024, under Sections 191(2), 115(2), 352, 351(2) BNS, P.S. Kotwali, District Kanpur Nagar, pending in the court of C.J.M., Kanpur Nagar. 3. It has been submitted by learned counsel for the applicant that applicant is innocent and no prima-facie case is made out against him. It was submitted that the first information report was lodged under Sections 191(2), 115(2), 352, 351(2) BNS but after investigation charge-sheet has been submitted only for the offence under Sections 352, 351(2) BNS. Both these offences are non- cognizable. In view of provisions of Section 2(h) BNSS (explanation) a report made by a police officer in a case which discloses, after investigation, commission of a non-cognizable offence, the same has to be deemed as a complaint but in the instant case cognizance has been taken as a State case, which is against the provisions of law and thus, the impugned proceedings are abuse of the process of court and thus, liable to be quashed. 4. Learned AGA and learned counsel for the informant / opposite party No. 2 have opposed the application but it could not be disputed that cognizance for offence under Sections 352, 351(2) BNS has been taken as a State case. 5. I have considered the rival submissions and perused the record. 6. In the instant matter it appears from record that charge-sheet against applicant was filed for offence under Sections 352, 351(2) BNS, which are non-cognizable offence. As per provisions of Section 2(h) of BNSS, the report made by police in connection with a case which, after investigation, discloses commission of a non-cognizable offence, the same has to be deemed as a complaint. Thus, in the instant matter the cognizance taken by learned Magistrate vide impugned order dated 21.02.2025 as a State case, is against the provisions of law. 7. In view of the aforesaid, the impugned summoning order dated 21.02.2025, passed by C.J.M., Kanpur Nagar is hereby set aside and the matter is remitted back to the court concerned to pass an order on the point of summoning afresh, expeditiously in accordance with law. 8. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 8.7.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad