HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32222 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicants, Sri Akarsh Dwivedi, learned counsel for opposite party no. 2 and learned AGA for State. 2. The present application has been preferred for seeking quashing of charge sheet dated 9.1.2026 and cognizance order dated 30.6.2026 passed by learned Additional Chief Judicial Magistrate, Second, Banda as well as entire proceeding of Case no. 844/IX/2026 (State vs. Kapil Narayan and others) arising out of Case Crime no. 114 of 2025 under sections 352, 115(2), 351(3) BNS, PS- Mahila Thana, District Banda. 3. Learned counsel for applicant has made only one submission before the Court that offences under Sections 352, 115(2), 351(3) BNS are non- cognizable and in view of the explanation to Section 2(1)(h) BNSS, the charge sheet 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 applicant has placed reliance upon the judgments passed in the case of Shakila Bano and others Vs. State of U.P. and another, 2008 (61) ACC 636. 4. Although, learned counsel for opposite parties opposed the prayer sought through the instant application but did not dispute the submissions so made by learned counsel for applicant. 5. Before proceeding further, the relevant provisions of Section 2(1)(h) Versus Counsel for Applicant(s) : Gyanendra Singh Counsel for Opposite Party(s) : Akarsh Dwivedi, G.A., Varchasva Dwivedi Aarti Dwivedi And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) BNSS are being reproduced for ready reference as under:- "2. Definitions.-In this Sanhita, unless the context otherwise requires,- (h) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, 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. In view of the above explanation, charge sheet submitted by the concerned Investigating Officer in the present case under Sections 352, 115(2), 351(3) BNS 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. 7. In view thereof, order dated 30.6.2026 passed by learned Additional Chief Judicial Magistrate, Second, Banda summoning the applicants on the basis of chargesheet submitted by concerned Investigating Officer under Sections 352, 115(2), 351(3) BNS treating the same as State case, is set aside. 8. Accordingly, the instant application is partly allowed. 9. 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 8, 2026 Shaswat NA528 No. 32222 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad