HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34389 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for applicant and learned AGA for State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS') has been preferred for quashing of entire proceedings, including charge-sheet dated 03.03.2005 as well as cognizance/ summoning order dated 02.05.2025, of Criminal Case No.1095 of 2006 (State Vs. Byas Kushwaha), arising out of N.C.R. No.135 of 2004, under Section 323 I.P.C., Police Station- Bankata, District Deoria, pending before the Court of C.J.M., Court No.17, Deoria. 3. It is submitted by learned counsel for applicant that in the aforesaid case charge-sheet was submitted for offence under Section 323 I.P.C. and cognizance/ summoning order was passed on 08.03.2006. Applicant has challenged the said order before this Court by filing Application u/s 482 Cr.P.C. No.32818 of 2024, wherein by order dated 08.01.2025, the said summoning order dated 08.03.2006 was quashed and concerned Magistrate was directed to pass a fresh order in accordance with law. After that, the learned Chief Judicial Magistrate, Deoria has passed impugned order dated 02.05.2025. It was stated that as charge-sheet has been submitted only for offence under Section 323 I.P.C., which is a non-cognizable offence thus the cognizance cannot be taken as a State case. 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 Versus Counsel for Applicant(s) : Kamaleshwari Prasad Kushwaha, Raj Nath Bhakta Counsel for Opposite Party(s) : G.A. Byas Kushwaha .....Applicant(s) State of U.P. and Another .....Opposite Party(s) to be quashed. 4. Learned AGA has opposed the application but it could not be disputed that cognizance for offence under Section 323 IPC has been taken as a State case. 5. I have considered the submissions and perused the record. 6. In the instant matter it appears from record that charge-sheet against applicant was filed for offence under Section 323 IPC, which is non- cognizable offence. As per provisions of Section 2(d) Cr.P.C., 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 C.J.M., Court No.17, Deoria vide impugned order dated 02.05.2025 as a State case, is against the provisions of law. 7. In view of the aforesaid, the impugned summoning order dated 02.05.2025, passed by learned C.J.M., Court No.17, Deoria 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 24, 2025 CS/- NA528 No. 34389 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad