Neutral Citation No. - 2025:AHC:80807 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 15831 of 2025 Applicant :- Alok Kumar Mukherjee And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Heard, Sri Amit Kumar Singh, learned counsel for the applicants and Sri Vijay Kumar Mishra, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 35603 of 2023 (State Vs. Alok Kumar Mukherjee and others) arising out of N.C.R. No. 470 of 2020, under Section 323, 504 of I.P.C., Police Station- Mugalsarai, District Chandauli as well as cognizance/summoning order dated 18.11.2023 pending in the court of Chief Judicial Magistrate, Chandauli. 3. Learned counsel for the applicants submits that the N.C.R. dated 23.11.2020 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants. It is further submitted that charge-sheet has been submitted against the accused persons under Section 323, 504, 427 of I.P.C. but the cognizance order has been passed only under Sections 323, 504 of I.P.C. which is against the position of law. 4. Learned counsel for the applicant submits that the offence punishable under Section 323, 504 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 18.11.2023 passed by Chief Judicial Magistrate, Chandauli 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 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad