Allahabad High Court
Ashish Kuamar Alias Ashish Rai And ... vs State Of U.P. And Another on 13 August, 2025
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:138381 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21627 of 2025 Applicant :- Ashish Kuamar Alias Ashish Rai And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Majahar Ali Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for applicants and learned A.G.A. for the State.
2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 18.03.2024 as well as cognizance / summoning order dated 04.07.2024, of Case No. 2719 of 2024 (State Vs. Ashish Rai and another), arising out of Case Crime No. 491 of 2023, under Sections 504, 507 IPC, P.S. Roja, District Shahjahanpur, pending in the court of A.C.J.M.- Ist, Shahjahanpur.
3. It has been submitted by learned counsel for the applicants that applicants are innocent and no prima-facie case is made out against them. The allegations levelled against applicants are false and baseless. It was submitted that a first information report was lodged by opposite party no.2 on 15.07.2023 and after investigation, charge-sheet has been submitted for the offence under Sections 504, 507 IPC, which are non-cognizable offence. In view of provisions of Section 2(d) (explanation) Cr.P.C., a report made by a police officer in a case which discloses, after investigation, commission of a non-cognizable offence, the same has to be deemed as a complaint but in the instant case cognizance has been taken as a State case, which is against the provisions of law and thus, the impugned proceedings are abuse of the process of court and thus, liable to be quashed.
4. Learned AGA has opposed the application but it could not be disputed that cognizance for offence under Sections 504, 507 IPC has been taken as a State case.
5. I have considered the submissions and perused the record.
6. In the instant matter it appears from record that charge-sheet against applicant was filed for offence under Sections 504, 507 IPC, which are non-cognizable offence. As per provisions of Section 2(d) Cr.P.C., the report made by police in connection with a case which after investigation, discloses commission of a non-cognizable offence, has to be deemed as a complaint. Thus, in the instant matter the cognizance taken by learned Magistrate vide impugned order dated 04.07.2024 as a State case, is against the provisions of law.
7. In view of the aforesaid, the impugned summoning order dated 04.07.2024, passed by A.C.J.M.- Ist, Shahjahanpur is hereby set aside and the matter is remitted back to the court concerned to pass an order on the point of summoning afresh, expeditiously in accordance with law.
8. The application under Section 528 BNSS is disposed of in above terms.
Order Date :- 13.8.2025 'SP'/-