Neutral Citation No. - 2025:AHC:52783 Court No. - 84 Case :- APPLICATION U/S 482 No. - 31739 of 2024 Applicant :- Shyam Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.B.Singh,Shashwat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the quash the impugned order dated 01.06.2024 by which discharge application under section 239 Cr.P.C. has been rejected by Court of first Additional CJM Gautam Budh Nagar in Case No.25127/2023, Case Crime No.64/2023 (State Versus Shyam Singh) under section 504 I.P.C. Police station Sector-142 District Gautam Budh Nagar. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Initially, first information report was registered under Sections 504, 506 IPC and during investigation, Investigating Officer has not found any material evidence against the applicant under Section 506 IPC, therefore, he dropped Section 506 IPC and submitted charge-sheet under Section 504 IPC. He next submitted that charged section is non-cognizable section and the learned Magistrate may pass an order taking cognizance, if he so desires, by proceeding under Chapter XV of the Code of Criminal Procedure. Reliance has been placed to Explanation 2(d) of the Code of Criminal Procedure, which reads as follows:- "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." 4. Learned A.G.A. has stated that no useful purpose would be served in issuing notice to the opposite party no.2 as it will only delay the proceedings of the present case. 5. Therefore, on the basis of aforesaid Explanation, which has been interpreted by Co-ordinate Bench of this Court in Application u/s 482 No. 45609 of 2018 (Santosh Kumar and 2 others vs. State of U.P. and others) decided on 31.1.2019, wherein it has been held that when the charge-sheet is only of non-cognizable offence, in view of the aforesaid provision, the charge sheet should be treated as a complaint. 6. The argument of learned counsel for the applicant is well founded and the order taking cognizance is set aside. Now, the Magistrate may pass an order taking cognizance, if he so chooses, by proceeding in this matter as a complaint case under Chapter XV of the Code of Criminal Procedure. He can also keep in mind Proviso(a) to Section 200 Cr.P.C., which reads as follows:- "Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses." (a) If a public servant acting or purporting to act in discharge of his official duties or a Court has made the complaint;" 7. With these observations, this application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 10.4.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad