Neutral Citation No. - 2025:AHC:88221 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 16523 of 2025 Applicant :- Naila Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Maheshwari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Heard Sri Vivek Kumar Maheshwari, learned counsel for the applicants and learned AGA for the State. 2. The present application under Section 528 of B.N.S.S. has been filed to quash the entire proceedings of Case No. 3183 of 2016, arising out of N.C.R. No.43 of 2012, under Section 171-F of I.P.C., Police Station Nautanwa, District Maharajganj as well as cognizance/summoning order dated 12.09.2016, pending in the court of Judicial Magistrate, Maharajganj. 3. Learned counsel for the applicants submits that the offence punishable under Sections 171-F of I.P.C. is 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. 4. Section 2(d) of Cr.P.C. is reproduced herein below: "2(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;" 5. 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. 6. In view of what has been stated above, the present application is disposed of. The order impugned dated 12.09.2016 passed by Additional Chief Judicial Magistrate, Maharajganj 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 :- 23.5.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad