Neutral Citation No. - 2025:AHC:134578 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 23141 of 2025 Applicant :- Jagdamba Prasad Agrahari And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Gupta,Vandana Gupta Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for 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 to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 25.10.2019 as well as cognizance / summoning order dated 22.12.2020, of Case No. 757 of 2020 (State Vs. Jagdamba Prasad and 3 Others), arising out of N.C.R. No. 84 of 2018, under Section - 427 I.P.C., Police Station - P.P. Ganj, District - Gorakhpur, pending in the court of In- charge, Gram Nayayalay, Campier Ganj, District - Gorakhpur. 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 wholly false.. It was submitted that a non-cognizable report was lodged by the opposite party No. 2 against applicants on 24.08.2018 and after that matter was investigated at the direction of court. After investigation, charge- sheet has been submitted for the offence under Section - 427 I.P.C., which is a 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 A.G.A. has opposed the application but it could not be disputed that cognizance for offence under Section - 427 I.P.C. 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 Section - 427 I.P.C., which is a 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 22.12.2010 as a State case, is against the provisions of law. 7. In view of the aforesaid, the impugned summoning order dated 22.12.2020, passed by the In-charge, Gram Nayayalay, Campier Ganj, District - Gorakhpur, 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 :- 8.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad