Neutral Citation No. - 2025:AHC:65097 Court No. - 72 Case :- APPLICATION U/S 482 No. - 1202 of 2025 Applicant :- Indramani Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Heard, Sri Gyanesh Kumar Mishra, learned counsel for the applicants and Sri Alok Mishra, learned A.G.A. for the State. 2. The present application under Section 482 of the Code of Criminal Procedure, 1973 filed to quash the entire proceedings of Case No. 1112 of 2024 (State of U.P. Vs. Akhilesh Mishra and others) arising out of Case Crime No. 165 of 2022, under Sections 323, 504 of I.P.C., Police Station Mungra Badshahpur, District Jaupur, as well as cognizance/summoning order dated 24.06.2024 pending in the court of Additional Chief Judicial Magistrate IVth, Jaunpur. 3. Learned counsel for the applicant submits that the first information report dated 11.07.2022 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that charge-sheet has been submitted under Section 147 of I.P.C., but the cognizance order has been passed only under Section 323, 504 of I.P.C. on the basis of police report filed under Section 193(3) of B.N.S.S. (under Section 173(2)) of Cr.P.C. 4. Learned counsel for the applicant submits that the offence punishable under Sections 323, 504 of I.P.C. is a 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 24.06.2024 passed by Additional Chief Judicial Magistrate IVth, Jaunpur 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 :- 28.4.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad