HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 31005 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. 1. Heard, Sri Ashish Kumar Pandey, learned counsel for the applicant and Sri A.K. Rai, learned A.G.A. for the State. 2. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Criminal Case No. 549 of 2025 arising out of Case Crime No. 426 of 2024, under Section 507 of I.P.C., Police Station- Bisrakh, District Gautam Budh Nagar, as well as cognizance/summoning order dated 7.1.2025, pending in the court of CJM, Gautam Budh Nagar. 3. Learned counsel for the applicant submits that the first information report dated 7.6.2024 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 507 of I.P.C. but the cognizance order has been passed under Section 507 of I.P.C. which is against the position of law. 4. Learned counsel for the applicant submits that the offence punishable under Section 507 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 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: Versus Counsel for Applicant(s) : Ashish Kumar Pandey Counsel for Opposite Party(s) : G.A. Harun Khan .....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; 6. 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. 7. In view of what has been stated above, the present application is disposed of. The order impugned dated 7.1.2025 passed by Chief Judicial Magistrate, Gautam Budh Nagar, 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. September 30, 2026 KJ NA528 No. 31005 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad