Jagdamba Prasad Agrahari and 3 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:134578

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 23141 of 2025

Applicant :- Jagdamba Prasad Agrahari And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Gupta,Vandana Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for applicants, learned A.G.A. for the State and perused the record.

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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 25.10.2019 as well as cognizance / summoning order dated 22.12.2020, of Case No. 757 of 2020 (State Vs. Jagdamba Prasad and 3 Others), arising out of N.C.R. No. 84 of 2018, under Section - 427 I.P.C., Police Station - P.P. Ganj, District - Gorakhpur, pending in the court of Incharge, Gram Nayayalay, Campier Ganj, District - Gorakhpur.

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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 wholly false.. It was submitted that a non-cognizable report was lodged by the opposite party No. 2 against applicants on 24.08.2018 and after that matter was investigated at the direction of court. After investigation, chargesheet has been submitted for the offence under Section - 427 I.P.C., which is a noncognizable 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.

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Learned A.G.A. has opposed the application but it could not be disputed that cognizance for offence under Section - 427 I.P.C. has been taken as a State case.

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I have considered the submissions and perused the record.

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In the instant matter, it appears from record that charge-sheet against applicants was filed for offence under Section - 427 I.P.C., which is a 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 22.12.2010 as a State case, is against the provisions of law.

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In view of the aforesaid, the impugned summoning order dated 22.12.2020, passed by the In-charge, Gram Nayayalay, Campier Ganj, District - Gorakhpur, 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.

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

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Order Date :- 8.8.2025 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Jagdamba Prasad Agrahari and 3 Others v. State of U.P. and Another

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