HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34982 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. The present application has been preferred for seeking quashing of chargesheet dated 20.03.2023 and cognizance/summoning order dated 05.06.2023 along with entire proceedings of Case No.41149 of 2023 (State Vs. Jaiprakash Yadav and others), arising out of N.C.R. No.41 of 2020, under Sections 323, 504 IPC, P.S. Suhwal, District Ghazipur, pending in the court of learned Judicial Officer Gram Nyalay Jamaniya, District Ghazipur. 3. Learned counsel for applicants has made only one submission before the Court that offences under Sections 323, 504 I.P.C. are non-cognizable and in view of the explanation to Section 2(d) Cr.P.C., the chargesheet filed by the Investigating Officer concerned cannot proceed as a police case and the same is liable to be proceeded with as a complaint case. In support of his submission, learned counsel of applicants has placed reliance upon the judgment passed in the case of Shakila Bano and others Vs. State of U.P. and another, 2008 (61) ACC 636. 4. Although, learned AGA opposed the prayer sought through the instant application but did not dispute the submissions so made by learned counsel for applicants. 5. Since the arguments as advanced on behalf of learned counsel for applicants, are based on legal issue, no notice is required to be issued to opposite party no.2. 6. Before proceeding further, the relevant provisions of Section 2 (d) of Cr.P.C. are being reproduced for ready reference as under:- Versus Counsel for Applicant(s) : Arpit Malviya, Awadhesh Kumar Malviya Counsel for Opposite Party(s) : G.A. Omprakash Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) "2. Definitions.-In this Code, unless the context otherwise requires,- (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." 7. In view of the above explanation, charge sheet submitted by the concerned Investigating Officer in the present case under Sections 323, 504 I.P.C. shall be treated as complaint and it is to be decided as complaint and the learned Magistrate fell in legal error by taking cognizance as State case and the orders passed by him is, therefore, liable to be set aside. 8. In view thereof, order dated 05.06.2023 passed in Case No.41149 of 2023 (State Vs. Jaiprakash Yadav and others), arising out of N.C.R. No.41 of 2020, summoning the applicants on the basis of chargesheet submitted by concerned Investigating Officer under Sections 323, 504 I.P.C. treating the same as State case, is set aside. 9. Accordingly, the instant application is partly allowed. 10. However, it is made clear that this order shall not preclude the learned court concerned to proceed with the case treating it as complaint case, if required, in accordance with law. September 9, 2026 Ashish/- NA528 No. 34982 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad