Arvind Sangal vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Arvind Sangal vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned summoning order dated 24.04.2025 set aside; matter remitted back to the court concerned to pass a fresh order on the point of summoning in accordance with law.

Issue for consideration

Whether cognizance of a police charge-sheet for the non-cognizable offences under Sections 352, 351(1), 351(2), 351(3) BNS, taken as a State case, is contrary to Section 2(h) BNSS, under which a police report disclosing commission of a non-cognizable offence after investigation has to be deemed as a complaint.

Court's answer

Under Section 2(h) of BNSS, a 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; hence the cognizance taken by the learned Magistrate vide impugned order dated 24.04.2025 as a State case is against the provisions of law.

Ratio / Principle

The impugned summoning order dated 24.04.2025, passed by C.J.M., Shamli, is 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.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Raj Beer Singh, J.), Application U/S 528 BNSS No. 22396 of 2025, decided 10.7.2025 (Neutral Citation No. 2025:AHC:110173): Applicant sought quashing of entire proceedings including charge-sheet dated 23.03.2025 and cognizance/summoning order dated 24.04.2025 in criminal case no. 3052/09/2025 (case crime no. 0619 of 2024), under Sections 352, 351(1), 351(2), 351(3) BNS, P.S. Shamli. Court held that all these are non-cognizable offences, and per Section 2(h) BNSS a police report which, after investigation, discloses commission of a non-cognizable offence has to be deemed a complaint; taking cognizance thereof as a State case (conceded by AGA) was against the provisions of law. Accordingly the summoning order dated 24.04.2025 passed by C.J.M., Shamli was set aside and the matter remitted back to the court concerned to pass an order on the point of summoning afresh; application disposed of in above terms.

Neutral Citation No. - 2025:AHC:110173

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 22396 of 2025 Applicant :- Arvind Sangal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nipun Singh,Vivek Chaturvedi Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Heard learned counsel for applicant and learned A.G.A. for the State.

The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 23.03.2025 and cognizance / summoning order dated 24.04.2025, of criminal case no. 3052/09/2025, arising out of case crime no. 0619 of 2024, under Sections 352, 351(1), 351(2), 351(3) BNS, P.S. Shamli, District Shamli, pending in the court of C.J.M., Shamli.

It has been submitted by learned counsel for the applicant that applicant is innocent and no prima-facie case is made out against him. In the alleged incident no one has sustained any injury and that only general and vague allegations have been levelled against the applicant. It was submitted that the charge-sheet has been submitted for the offence under Sections 352, 351(1), 351(2), 351(3) BNS and all these offences are non-cognizable. In view of provisions of Section 2(h) (explanation) BNSS, 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.

Learned AGA has opposed the application but it could not be disputed that cognizance for offence under Sections 352, 351(2), 351(3) BNS has been taken as a State case.

I have considered the rival submissions and perused the record.

In the instant matter it appears from record that charge-sheet against applicant was filed for offence under Sections 352, 351(1), 351(2), 351(3) BNS, which are non-cognizable offence. As per provisions of Section 2(h) of BNSS, 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 24.04.2025 as a State case, is against the provisions of law.

In view of the aforesaid, the impugned summoning order dated 24.04.2025, passed by C.J.M., Shamli 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.

The application under Section 528 BNSS is disposed of in above terms.

Order Date :- 10.7.2025 Anand

Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad