Neutral Citation No. - 2025:AHC:29589 Court No. - 75 Case :- APPLICATION U/S 482 No. - 32137 of 2024 Applicant :- Rajmani Pandey And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.,Pramod Kumar Mishra,Suneel Kumar Mishra Hon'ble Sanjay Kumar Pachori,J. 1. Heard Shri Prakash Dwivedi, learned counsel for the applicants, Sri Suneel Kumar Mishra, learned counsel for the opposite party no. 2 and Sri R.K. 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 entire proceedings of Case No. 327 of 2024 (State Vs. Rajmani Pandey and others), arising out of N.C.R. No. 56 of 2023, under Section 323, 504 of I.P.C., Police Station Chilh, District Mirzapur, as well as cognizance/summoning order dated 5.3.2024, pending in the court of Additional Civil Judge, (S.D.), Court No. 2, Mirzapur. 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 order impugned dated 5.3.2024 passed by Additional Civil Judge, (S.D.), Court No. 2, 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. Order Date :- 3.3.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad