HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35099 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. 1. Sri Devendra Kumar Mishra, learned counsel for the applicants and Sri Puspraj Singh, learned brief holder for the State are present. 2. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of Criminal Case No. 47 of 2022, arising out of Case Crime No. 161 of 2021, under Section 323, I.P.C., Police Station Gandhi Park, District Aligarh as well as cognizance/summoning order dated 1.1.2022, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Aligarh. 3. Learned counsel for the applicants submits that the cognizance/summoning order dated 1.1.2022 has been passed against the applicants and the magistrate took cognizance as a police case, which is against the provision of Section 2(d) of Cr.P.C. 4. Learned counsel for the applicants submits that the offence punishable under Section 323, I.P.C. is non-cognizable offence and 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; Versus Counsel for Applicant(s) : Devendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Jagdish Pathak And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 1.1.2022 passed by Additional Chief Judicial Magistrate, Court No. 1, Aligarh 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 1, 2026 T. Sinha NA528 No. 35099 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad