HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30896 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. 1. Heard, Sri Rahul Yadav, learned counsel for the applicant and Sri Alok Kumar Mishra, 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. 371 of 2026, arising out of Case Crime No. 258 of 2025, under Sections 115(2), 352, 3(5) of BNS, Police Station- Pawai District Azamgarh as well as cognizance/summoning order dated 4.4.2026, pending in the court of Gram Nyayalay, Phoolpur, Azamgarh. 3. Learned counsel for the applicant submits that the first information report dated 14.9.2025 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicant. 4. Learned counsel for the applicant submits that the offence punishable under Sections 115(2), 352, 3(5) of BNS, 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: (d)"complaint" means any allegation made orally or in writing to a Versus Counsel for Applicant(s) : Alok Kumar, Rahul Yadav, Vivekanand Yadav Counsel for Opposite Party(s) : G.A. Devesh Yadav And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 4.4.2026, passed by Gram Nyayalay, Phoolpur, Azamgarh 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 9, 2026 Ishan NA528 No. 30896 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad