Neutral Citation No. - 2025:AHC:109542 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21790 of 2025 Applicant :- Shamshad @ Mohd. Shamshad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application under Section - 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 09.01.2025 and cognizance / summoning order dated 06.05.2025, of Criminal Case No. 86464 of 2025 (State Vs. Shamshad @ Mohd. Shamshad and Others), arising out of Case Crime No. 351 of 2021, under Sections - 115(2), 351(2), 351(3) B.N.S., Police Station - Bithoor, District - Western Commissionerate (Kanpur Nagar), pending in the court of Additional Chief Judicial Magistrate, Court No.1, Kanpur Nagar. 3. It is submitted by learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It is further submitted that applicants have been charge sheeted for offence under Section - 115(2), 351(2), 351(3) B.N.S. and all these offences are non-cognizable offence but the learned Magistrate has taken cognizance on the charge- sheet as a State case and thus, the impugned cognizance / summoning order dated 06.05.2025 is against law and therefore, liable to be quashed. 4. Learned A.G.A. has opposed the application but it could not be disputed that cognizance for offence under Sections - 115(2), 351(2), 351(3) B.N.S. has been taken as a State case. 5. In the instant matter it appears from record that charge-sheet against applicants was filed for offence under Sections - 115(2), 351(2), 351(3) B.N.S., which are non-cognizable offence. As per provisions of Section - 2(d) (explanation) Criminal Procedure Code, the report made by police in a case which discloses, after re-investigation, commission of a non- cognizable offence, the same has to be deemed as a complaint. In the instant matter cognizance for said non-cognizable offences has been taken as a State case. Thus, the cognizance taken by learned Magistrate vide impugned order dated 06.05.2025 as a State case, is against the provisions of law. 6. In view of the aforesaid, the impugned summoning order dated 06.05.2025, passed by the Additional Chief Judicial Magistrate, Court No.1, Kanpur Nagar, is hereby set aside and the matter is remitted back to the court concerned to pass the order on the point of summoning afresh, expeditiously in accordance with law. 7. The application u/s 528 BNSS is finally disposed of in above terms. Order Date :- 10.7.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad