Allahabad High Court
Kamaluddin And 3 Others vs State Of U.P. And Another on 20 November, 2025
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2025:AHC:209382 HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 44452 of 2025 Kamaluddin And 3 Others .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) :
Bhoopendra Bahadur Singh, Ranu, Shashi Shekhar Maurya Counsel for Opposite Party(s) :
G.A. Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. 1. Sri Ranu Jaiswal, learned counsel for the applicants and Sri Chhavipal Singh, learned A.G.A. for the State are present.
2. The present application under Section 528 of the BNSS has been filed to quash the entire proceedings of Criminal Case No. 1747 of 2025 (State vs. Kamaluddin & others), arising out of N.C.R. No. 213 of 2013, under Sections 323, 504 of I.P.C., P.S. Madiyahun, District Jaunpur as well as cognizance/summoning order dated 27.05.2025, pending in the court of Additional Chief Judicial Magistrate, Court No. 12, District Jaunpur.
3. Learned counsel for the applicants submits that the cognizance/summoning order dated 27.05.2025 has been passed against the applicants and the magistrate took cognizance as a police case, which is against the provision of Section 2(d) of Cr.P.C.
4. Learned counsel for the applicants submits that the offence punishable under Sections 323, 504 of IPC 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.
5. Section 2(d) of Cr.P.C. is reproduced herein below:
"(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. A bare perusal of explanation added to Section 2(d) of Cr.P.C., which speaks about cases where police has investigated a cognizable case but investigation made discloses a non-cognizable offence, which shall be deemed to be a complaint.
7. In view of what has been stated above, the present application is disposed of. The order impugned dated 27.05.2025 passed by Additional Chief Judicial Magistrate, Court No. 12, District Jaunpur 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.
(Sanjay Kumar Pachori,J.) November 20, 2025 MAA/-