HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35637 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Heard, Sri Vidya Kant Tripathi, learned counsel for the applicant and Sri Pusp Raj Singh, brief holder for the State. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings Criminal Case No. 1016 of 2025 arising out of N.C.R. No. 34 of 2024, under Sections 115(2), 352 of B.N.S. (under Section 323, 504 of I.P.C.), Police Station- Chilh, District Mirzapur as well as cognizance/summoning order dated 31.05.2025 pending in the court of Civil Judge (J.D.)/ F.T.C., Mirzapur. Learned counsel for the applicant submits that the N.C.R. report dated 01.10.2024 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. It is further submitted that charge-sheet has been submitted against the sole accused under Section 323, 504 of I.P.C. but the cognizance order has been passed only under Section 323 of I.P.C. which is against the position of law. Learned counsel for the applicant submits that the offence punishable under Section 323 of I.P.C. is a non-cognizable offence as per provision of Section 2(d) of Cr.P.C. the case could not be proceed as State case and it has been proceeded as a State case, the cognizance/ summoning order is an abuse of the process of law. Section 2(d) of Cr.P.C. is reproduced herein below: Versus Counsel for Applicant(s) : Vidya Kant Tripathi Counsel for Opposite Party(s) : G.A. Meera Devi And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (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 complaint, and the police officer by whom such report is made shall be deemed to be the complainant; A bare perusal of explanation added to Section 2(d) shows that this explanation speaks about cases where police has investigated a case but investigation made discloses a non-cognizable offence, such report shall be deemed to be complaint. In view of what has been stated above, the present application is disposed of. The order impugned dated 31.05.2025 passed by Civil Judge (J.D.)/ F.T.C., Mirzapur 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. October 8, 2025 Ishan NA528 No. 35637 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad