Neutral Citation No. - 2025:AHC:12294 Court No. - 75 Case :- APPLICATION U/S 482 No. - 1957 of 2025 Applicant :- Indrajeet Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Shri Ravindra Prakash Srivastava, learned counsel for the applicants and learned A.G.A. for the State are present. 2. The Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the entire proceedings of Criminal Case No. 1629 of 2019 (State vs. Indrajeet and another), arising out of N.C.R. No. 135 of 2018, under sections 323 and 504 I.P.C., P.S. Nagar, district-Basti, pending in the court of Special Judicial Magistrate-Ist, Bast, as well as chargesheet dated 12.2.2019 and summoning order dated 30.3.2019, whereby cognizance has been taken as a State case. 3. Learned counsel for the applicant submits that N.C.R. has been lodged by the complainant Jatashankar Yadav against the applicants at Police Station Nagar, District Basti, under Sections 323 and 504 of I.P.C. registered as Criminal Case No. 1629 of 2019. After completing the investigation, charge-sheet was submitted under Sections 323 and 504 of I.P.C. and the magistrate took cognizance under aforesaid sections. 4. Learned counsel for the applicants submits that the offence punishable under Sections 323 and 504 of I.P.C. are 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 complainant, 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 cognizable case but investigation made discloses a non-cognizable offence. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated 30.3.2019 Special Judicial Magistrate-Ist, Bast, 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 :- 22.1.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad