Neutral Citation No. - 2025:AHC:35936 Court No. - 75 Case :- APPLICATION U/S 482 No. - 30147 of 2024 Applicant :- Jagdish And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Som Pal Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Heard Dhananjay Kumar Mishra, Advocate holding brief of Sri Som Pal, learned counsel for the applicants and Sri Manoj Kumar Singh, learned A.G.A. for the State. 2. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 27.8.2024 as well as order dated 11.10.2012, whereby non bailable warrant as well as cognizance/summoning order has been passed in Case arising out of N.C.R. No. 99 of 2012, under Sections 323, 504 of I.P.C., P.S. Bilsanda, District Pilibhit, pending in the court of Special Judicial Magistrate, Pilibhit. 3. Learned counsel for the applicants submits that the offence punishable under Sections 323, 504 of I.P.C. is 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. 4. Section 2(d) of Cr.P.C. is reproduced herein below: "2-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;" 5. 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. 6. In view of what has been stated above, the present application is disposed of. The orders impugned dated 27.8.2024 and 11.10.2012 passed by Special Judicial Magistrate, Pilibhit, are, 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 :- 11.3.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad