HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38539 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 20.06.2021 and cognizance/summoning order dated 28.10.2021 along with entire proceedings of Case No.18924 of 2021, arising out of 353 of 2021, under Section 188, 447 IPC, P.S. Vijay Nagar, Ghaziabad, pending in the court of learned Additional Civil Judge (Senior Division) Vth, Ghaziabad. 3. Learned counsel for applicants has made only one submission before the Court that offences under Sections 188, 447 IPC 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. Versus Counsel for Applicant(s) : Gajendra Kumar Gautam, Kamlesh Gautam Counsel for Opposite Party(s) : G.A. Shiv Kumar Goyal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Before proceeding further, the relevant provisions of Section 2 (d) of Cr.P.C. are being reproduced for ready reference as under:- "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 188, 447 IPC 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 28.10.2021 passed in Case No.18924 of 2021, arising out of 353 of 2021, summoning the applicants on the basis of chargesheet submitted by concerned Investigating Officer under Sections 188, 447 IPC 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 21, 2026 Ashish/- NA528 No. 38539 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad