Neutral Citation No. - 2025:AHC:137728 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21110 of 2025 Applicant :- Vipin Chauhan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for applicants and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including cognizance / summoning order dated 30.01.2025, of Case No. 3096 of 2025, arising out of Case Crime No. 389 of 2024, under Sections 323, 504 IPC, P.S. Rohaniya, District Varanasi, pending in the court of S.C.J.M., Varanasi. 3. It has been submitted by learned counsel for the applicants that applicants are innocent and no prima-facie case is made out against them. The allegations levelled against applicants are false and baseless. It was submitted that a first information report was lodged by opposite party no.2 on 24.12.2024 under Sections 323, 504 IPC. After investigation, charge-sheet has been submitted for the offence under Sections 323, 504 IPC, which are non- cognizable offence. In view of provisions of Section 2(d) (explanation) Cr.P.C., 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 has opposed the application but it could not be disputed that cognizance for offence under Sections 323, 504 IPC has been taken as a State case. 5. I have considered the submissions and perused the record. 6. In the instant matter it appears from record that charge-sheet against applicants was filed for offence under Sections 323, 504 IPC, which are non-cognizable offence. As per provisions of Section 2(d) Cr.P.C., the report made by police in connection with a case which after investigation, discloses commission of a non- cognizable offence, has to be deemed as a complaint. Thus, in the instant matter the cognizance taken by learned Magistrate vide impugned order dated 30.01.2025 as a State case, is against the provisions of law. 7. In view of the aforesaid, the impugned summoning order dated 30.01.2025, passed by S.C.J.M., Varanasi 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 :- 13.8.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad