Neutral Citation No. - 2025:AHC:109627 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22329 of 2025 Applicant :- Ramnaresh Sharma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akanksha Gaur,Gaurav Khare,Rashtrapati Khare Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed seeking following relief:- "It is therefore most respectfully prayed that this Hon'ble court may graciously be pleased to set-aside the summoning order dated 26.11.2024, passed by the Additional Chief Judicial Magistrate 1st, Mirzapur, in Case No. 1174 of 2024, NCR No. 434 of 2020, (State VS Ramnaresh and others), under Sections 323, 504 I.P.C, P.S.- Kotwali Dehat, District- Mirzapur. It is further most respectfully prayed to this Hon'ble Court to quash the entire proceeding of the Case No. 1174 of 2024, NCR No. 434 of 2020, (State VS Ramnaresh and others), under Sections 323, 504 I.P.C, P.S.- Kotwali Dehat, District- Mirzapur, passed by the Additional Chief Judicial Magistrate 1st, Mirzapur. And/or pass such other and further order, which this Hon'ble court may deem fit and proper under the facts and circumstances of the case." 3. It has been submitted by learned counsel for the applicants that in this case after investigation police have submitted charge-sheet under Sections 323, 504 IPC, which are non-cognizable offence and as per provisions of Section 2(d) (explanation) Criminal Procedure Code, the report made by police officer in a case which after investigation discloses 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 and thus impugned cognizance / summoning order is against law and liable to be set aside. 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. 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) (explanation) Criminal Procedure Code, a report made by police officer in a case which discloses, after investigation, the commission of a non-cognizable offence, such report has to be deemed as a complaint. In the instant case after investigation charge-sheet has been submitted for offence under Sections 323, 504 IPC, which are non-cognizable offence. Thus, the cognizance made by learned Magistrate vide impugned order dated 26.11.2024 as a State case, is against the provisions of law. 6. In view of the aforesaid, the impugned summoning order dated 26.11.2024, passed by the Additional Chief Judicial Magistrate 1st, Mirzapur 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 disposed of in above terms. Order Date :- 10.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad