Neutral Citation No. - 2025:AHC:19198 Court No. - 75 Case :- APPLICATION U/S 482 No. - 31703 of 2024 Applicant :- Akanksha Alias Akanksha Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Bahadur Singh Counsel for Opposite Party :- Dinesh Kumar Yadav,G.A.,Umesh Prasad Singh Hon'ble Sanjay Kumar Pachori,J. 1. Dr. S.B. Singh, learned counsel for the applicant and Sri Rahul Pandey, learned Brief Holder, for the State are present. 2. The Present application under Section 482, Cr.P.C. has been filed by the applicant to quash the order dated 1.8.2023 passed by Chief Judicial Magistrate, Azamgarh, in criminal case No. 5099 of 2023 (State v. Poonam and Others) arising out of Case Crime No. 122 of 2023, under Sections 323 and 504, 34 of I.P.C., P.S. Sidhari, District Azamgarh, whereby cognizance has been taken. 3. Learned counsel for the applicant submits that F.I.R. dated 21.03.2023 has been registered against the applicant at Police Station Sidhari, District Azamgarh, under Sections 323, 504, 34 of I.P.C. registered as Case Crime No. 122 of 2023. After completing the investigation, charge-sheet was submitted and the magistrate took cognizance. 4. Learned counsel for the applicants submits that the offence punishable under Sections 323 and 504, 34 of I.P.C. are 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. 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. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated 1.8.2023 passed by Chief Judicial Magistrate, Azamgarh, 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 :- 10.2.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad