HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28951 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for applicants and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of entire proceedings, including charge-sheet dated 20.11.2023 as well as cognizance / summoning order dated 27.03.2025, of Case No. 719 of 2025 (State Vs. Jitendra Bhartiya and others), arising out of N.C.R. No. 64 of 2022, under Sections 323, 504 IPC, P.S. Dhoomanganj, District Prayagraj, pending in the court of A.C.J.M., Room No.16, Prayagraj. 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 false and baseless. It was submitted that a non-cognizable report was lodged by opposite party no.2 on 03.07.2022 under Sections 323, 504 IPC. After investigation, charge-sheet has been submitted for the offence under Sections 323, 504 IPC, which are 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 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. I have considered the submissions and perused the record. Versus Counsel for Applicant(s) : Nandini Bhartiya Counsel for Opposite Party(s) : G.A. Jitendra Bhartiya And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. 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) Cr.P.C. / 2(h) BNSS, 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 27.03.2025 as a State case, is against the provisions of law. 7. In view of the aforesaid, the impugned summoning order dated 27.03.2025, passed by A.C.J.M., Room No.16, Prayagraj 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. September 8, 2025 'SP'/- NA528 No. 28951 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad