Rashid Akhtar and 3 Others vs State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 24480 of 2025

Rashid Akhtar And 3 Others

	Versus		.....Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Arvind Kumar Tiwari	Verma,	Uday Shankar
Counsel for Opposite Party(s)	: G.A.

¶5

Court No. - 77

¶6

HON'BLE SAURABH SRIVASTAVA, J.

¶7

Heard learned counsel for the applicants and learned AGA for the State.

¶8

The present application has been preferred for seeking quashing of charge sheet dated 14.5.2021 and cognizance order dated 13.8.2021 passed by learned IX Additional Chief Judicial Magistrate, Varanasi in Case no. 24289 of 2021, (State vs. Rashid Akhtar and others) under sections 323, 504 IPC, arising out of Case Crime no. 101 of 2021 (NCR no. 63/2020), PS- Ram Nagar, District Varanasi as well as entire proceeding of Case no. 24289 of 2021 in view of provisions contained under Section 2(d) Cr.P.C (now 2(1)h of BNSS 2023).

¶9

Learned counsel for applicants has made only one submission before the Court that offences under Sections 323 and 504 I.P.C. are non-cognizable and in view of the explanation to Section 2(d) Cr.P.C., the charge sheet 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 applicant has placed reliance upon the judgments passed in the case of Murli and others Vs. State of U.P. and another, 2008 (61) ACC 54, Virendra Singh and others Vs. State of U.P. and others, 2002 (45) ACC 609 and Shakila Bano and others Vs. State of U.P. and another, 2008 (61) ACC 636.

¶10

Although, learned AGA opposed the prayer sought through the instant application but did not dispute the submissions so made by learned counsel

¶11

NA528 No. 24480 of 2025

¶12

2

¶13

for applicants.

¶14

Before proceeding further, the relevant provisions of Section 2 (d) of Cr.P.C. are being reproduced for ready reference as under:-

¶15

"2. Definitions.-In this Code, unless the context otherwise requires,-

¶16

(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.

¶17

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."

¶18

In view of the above explanation, charge sheet submitted by the concerned Investigating Officer in the present case under Sections 323, 504 I.P.C. 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.

¶19

In view thereof, impugned order dated 13.8.2021 passed by learned IX Additional Chief Judicial Magistrate, Varanasi summoning the applicants on the basis of charge sheet submitted by concerned Investigating Officer under Sections 323 and 504 I.P.C. treating the same as State case, is set aside.

¶20

Accordingly, the instant application is partly allowed.

¶21

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.

¶22

(Saurabh Srivastava,J.)

¶23

October 29, 2025 Shaswat

¶24

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Rashid Akhtar and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rashid Akhtar and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Dinesh Bhardwaj and Another vs State of U.P. and Another

Pushpendra vs State of U.P. and Another

Deepak Singh Yadav and Another vs State of U.P. and 2 Others

Sintu @ Balveer Singh vs State of U.P. and Another

Ram Hari and 3 Others vs State of U.P. and 3 Others

Abhishek and 2 Others vs State of U.P. and Another