Neutral Citation No. - 2025:AHC:13177 Court No. - 75 Case :- APPLICATION U/S 482 No. - 29055 of 2024 Applicant :- Brajendra Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shikhar Tripathi,Vinay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Sri Vinay Kumar Singh, learned counsel for the applicants and Sri Vijay Kumar Mishra, learned brief holder for the State are present. 2. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Case No. 1453 of 2023 (State vs. Brajendra Mishra and others), arising out of Case Crime No. 364 of 2022, under Sections 323, 504 IPC, P. S. Babina, District Jhansi as well as cognizance/summoning order dated 27.07.2023, pending in the court of Judicial Magistrate II, Jhansi. 3. Learned counsel for the applicants submits that the cognizance/summoning order dated 27.07.2023 has been passed against the applicants and the magistrate took cognizance as a police case, which is against the provision of Section 2(d) of Cr.P.C. 4. Learned counsel for the applicants submits that the offence punishable under Sections 323, 504 of I.P.C. is non-cognizable offence and 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, which shall be deemed to be a complaint. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated 27.07.2023 passed by Judicial Magistrate II, Jhansi 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 :- 23.1.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad