HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35048 of 2025 Court No. - 51 (SL No.241) HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Mishra Vikas Kumar Prabhunath, Advocate holding brief of Sri Rajendra Kumar Misra, learned counsel for the applicant and Sri Rajesh Kumar Gupta, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the charge-sheet dated 13.01.2025 as well as impugned cognizance/summoning order dated 01.03.2025 passed in Criminal Case No. 154 of 2025 (State vs. Shamsher and Others), arising out of N.C.R. No. 39 of 2021 under Sections 323, 504 I.P.C., P.S.- Binauli, District- Baghpat, pending in the court of learned Civil Judge (Junior Division)/Fast Track Court Baghpat. 3. Learned counsel of the applicant submits that in the instant case the NCR was lodged on 08.08.2021 for the offence under Section 323, 504 I.P.C. Subsequently, the matter was investigated after seeking permission under Section 155(2) Cr.P.C. Thereupon, the charge-sheet was filed against the applicant for the offence under Sections 323 and 504 I.P.C and the trial court has proceeded to take cognizance on the charge-sheet for the non-cognizable offence under Section 323 and 504 I.P.C. Learned counsel of the applicants submits that the same is hit by the provisions of Section 2(d) of Cr.P.C. Therefore, no cognizance could be taken on the basis of the charge-sheet filed in the instant case. Proper course ought to Versus Counsel for Applicant(s) : Rajendra Kumar Misra Counsel for Opposite Party(s) : G.A. Satish Balmiki .....Applicant(s) State of U.P. and Another .....Opposite Party(s) have been to treat the charge-sheet as complaint and thereupon proceed in the matter in accordance with law with regard to the complaint case. However, the trial court vide impugned order dated 01.03.2025, taken the cognizance on the charge-sheet and summoned the applicants herein. 4. It is not disputed that the offence under Sections 323 and 504 I. P. C. is non-cognizable. 5. Explanation to Section 2 (d) of the Cr. P. C. runs as under: "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 complaint; and the police officer by whom such report is made shall be deemed to be the complainant." In view of the said Explanation, report of the police officer after investigation disclosing commission of non-cognizable offence is to be deemed to be a complaint and the police officer who submitted the report has to be deemed to be a complainant. In other words the charge-sheet submitted by the police in a non-cognizable offence shall be treated to be a complaint and the procedure prescribed for hearing of complaint case shall be applicable to that case." 6. In the present case from the material brought on record it transpires that the charge-sheet submitted by the Investigating Officer instead of being treated as a complaint, has been treated as a State Case by the concerned Magistrate, which is not permissible under law. 7. Learned A.G.A. do not dispute the aforesaid legal position. In the non- cognizance offence the cognizance cannot be taken on the charge-sheet, unless the same is treated as a complaint case. 8. After having considered the submissions made by learned counsel for the parties and perused the material on record and examined the relevant provisions of the Code of Criminal Procedure, this Court is of the view that the submissions made by learned counsel for the applicant have force and are liable to be accepted. 9. For the aforesaid reasons, the present application is allowed. It is made NA528 No. 35048 of 2025 2 clear that the case shall be treated to be a complaint case and the procedure prescribed for hearing of the complaint shall be followed by the court concerned before summoning the applicant. Therefore, the order dated 01.03.2025 whereby the Magistrate has taken cognizance and summoned the appellant herein is quashed and the matter is remanded back to the trial court for proceeding further in accordance with law. September 12, 2025 Shubham Arya NA528 No. 35048 of 2025 3 (Anish Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad