Neutral Citation No. - 2025:AHC:83025 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 16466 of 2025 Applicant :- Inderpal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Heard Keshari Nath Tripathi, learned counsel for the applicant and Sri A.K. Singh, learned brief holder 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. 5734 of 2024 (State Vs. Inderpal Singh), arising out of Case Crime No. 230 of 2024, under Section 323, 504, 427 of I.P.C., Police Station Civil Line, District Rampur, as well as cognizance/summoning order dated 23.9.2024, pending in the court of First Additional Civil Judge (Senior Division), Rampur. 3. Learned counsel for the applicants submits that the offence punishable under Sections 323, 504, 427 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 23.9.2024 passed by First Additional Civil Judge (Senior Division), Rampur, 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 :- 17.5.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad