Neutral Citation No. - 2025:AHC:65039 Court No. - 72 Case :- APPLICATION U/S 482 No. - 1192 of 2025 Applicant :- Dr. Kuldeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Heard, Sri Anand Kumar Singh, learned counsel for the applicant and Sri Pankaj Kumar Rai, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No. 40189 of 2024 (State Vs. Dr. Kuldeep Kumar) arising out of Case Crime No. 39 of 2023, under Section 323 of I.P.C., Police Station- Swaroop Nagar, District Kanpur Nagar as well as cognizance/summoning order dated 22.04.2024 pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar. 3. Learned counsel for the applicant submits that the first information report dated 16.03.2023 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 against the sole accused under Section 147, 323 of I.P.C. but the cognizance order has been passed only under Section 323 of I.P.C. which is against the position of law. 4. Learned counsel for the applicant submits that the offence punishable under Section 323 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 22.04.2024 passed by Chief Metropolitan Magistrate, Kanpur Nagar 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