HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29376 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. 1. Sri Ashish Pandey, learned counsel for the applicants and Sri Chhavi Pal Singh, learned A.G.A. 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. 5057 of 2018, arising out of N.C.R. No. 44 of 2018, under Section 323 of I.P.C., Police Station Vijaynagar, District Ghaziabad as well as cognizance/summoning order dated 26.10.2018, pending in the Court of Additional Civil Judge (S.D.), Court No. 5, Ghaziabad. 3. Delay in filing the present application is explained. 4. Learned counsel for the applicants submits that the cognizance/summoning order dated 26.10.2018 has been passed against the applicants on printed proforma and the magistrate took cognizance as a police case, which is against the provision of Section 2(d) of Cr.P.C. 5. 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. 6. 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 Versus Counsel for Applicant(s) : Ashish Pandey Counsel for Opposite Party(s) : G.A. Ganga Prasad Sahu And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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; 7. 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. 8. In view of what has been stated above, the present application is disposed of. The order impugned dated 26.10.2018 passed by Additional Civil Judge (S.D.), Court No. 5, Ghaziabad 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 8, 2026 T. Sinha NA528 No. 29376 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad