Neutral Citation No. - 2025:AHC:93865 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 17478 of 2025 Applicant :- Vivek Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Shri Dharmendra Pratap Singh, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State are present. 2. The Present application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Case No. 2220 of 2007 (State v. Vivek Kumar and Others) arising out of Case Crime No. 112 of 2007, under Sections 427 and 504 of I.P.C., P.S. George Town, District Allahabad, as well as cognizance/summoning order dated 27.6.2007, pending inthe Court of Additional Chief Judicial Magistrate, Court No.3, Allahabad. 3. Learned counsel for the applicant submits that F.I.R. has been registered against the applicant at Police Station George Town, District Allahabad, under Sections 427 and 504 of IPC registered as Case Crime No. 112 of 2007. After completing the investigation, charge-sheet was submitted under Sections 427 and 504 of I.P.C. and the magistrate took cognizance under Sections 427 and 504 of I.P.C. 4. Learned counsel for the applicants submits that the offence punishable under Sections 427 and 504 of I.P.C. are 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 27.06.2007 passed by Additional Chief Judicial Magistrate, Court No.3, Allahabad, 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 :- 30.5.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad