Disposed¶22

Abhay Pratap Singh v. State of U.P. and Another

Allahabad HC27 Oct 2025NA528/36877/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Application U/S 528 BNSS No.-36877 of 2025; Sanjay Kumar Pachori, J.; decided 28.10.2025; quashing of cognizance/summoning order dated 10.10.2024 (ACJM Court No. 6, Allahabad); Criminal Case No. 12911 of 2024; N.C.R. No. 90 of 2016; Sections 323, 504 of I.P.C. non-cognizable offences; Section 2(d) of Cr.P.C. and its Explanation - police report on non-cognizable offence deemed complaint; cognizance taken as police/State case; application disposed; matter remanded; fresh order after applying judicial mind.

What did the court decide?

Impugned cognizance/summoning order dated 10.10.2024 (Additional Chief Judicial Magistrate, Court No. 6, Allahabad) quashed; matter remanded to the court concerned for a fresh order after applying judicial mind. ¶22

Abhay Pratap Singh Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the cognizance/summoning order dated 10.10.2024, whereby the Magistrate took cognizance as a police (State) case in respect of proceedings under Sections 323, 504 of I.P.C. (non-cognizable offences), is contrary to Section 2(d) of Cr.P.C., warranting quashing of the Criminal Case No. 12911 of 2024 proceedings and the impugned order.

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Court's answer

This Court's stated reading of the Explanation to Section 2(d) Cr.P.C.: it covers cases where the police investigated but the investigation disclosed a non-cognizable offence, and such a police report shall be deemed to be a complaint.

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Ratio / Principle

The impugned cognizance/summoning order dated 10.10.2024 passed by the Additional Chief Judicial Magistrate, Court No. 6, Allahabad is quashed.

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Key takeaways

The matter is remanded to the court concerned and the Magistrate is directed to pass a fresh order after applying judicial mind.ratio¶22

Detailed headnote1 paragraphs

Application u/s 528 BNSS No. 36877 of 2025 (decided 28.10.2025, Sanjay Kumar Pachori, J., High Court of Judicature at Allahabad): applicant Abhay Pratap Singh sought quashing of the entire proceedings of Criminal Case No. 12911 of 2024, arising out of N.C.R. No. 90 of 2016 (Sections 323, 504 of I.P.C., Police Station Sarai Inayat Uttar, District Prayagraj), pending before Additional Chief Judicial Magistrate, Court No. 6, Allahabad, together with the cognizance/summoning order dated 10.10.2024. Counsel contended the Magistrate had taken cognizance as a police/State case although the Sections 323/504 I.P.C. offences are non-cognizable, contrary to Section 2(d) of Cr.P.C. The Court, reproducing S.2(d) with its Explanation, observed that the Explanation speaks of police investigations which disclose a non-cognizable offence, in which case the police report shall be deemed to be a complaint; acting on this, it disposed of the application, quashed the impugned order dated 10.10.2024, and remanded the matter to the concerned Magistrate to pass a fresh order after applying judicial mind. No precedent was cited.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 36877 of 2025

Abhay Pratap Singh

.....Applicant(s)

Versus

State of U.P. and Another

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		.....Opposite Party(s)
Counsel for Applicant(s)	: Nirbhay	Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 75

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HON'BLE SANJAY KUMAR PACHORI, J.

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Learned counsel for the applicant is permitted to correct the prayer clause during the course of day.

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Sri Pradeep Kumar Srivastava, Advocate holding brief of Shri Nirbhay Singh, learned counsel for the applicant and Sri B.N. Upadhyay, learned A.G.A. for the State are present.

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The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of Criminal Case No. 12911 of 2024, arising out of N.C.R. No. 90 of 2016, under Sections 323, 504 of I.P.C., Police Station Sarai Inayat Uttar, District Prayagraj as well as cognizance/summoning order dated 10.10.2024, pending in the Court of Additional Chief Judicial Magistrate, Court No. 6, Allahabad.

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Learned counsel for the applicant submits that the cognizance/summoning order dated 10.10.2024 has been passed against the applicant and the magistrate took cognizance as a police case, which is against the provision of Section 2(d) of Cr.P.C.

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Learned counsel for the applicant submits that the offence punishable under Sections 323, 504 of I.P.C. 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.

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Section 2(d) of Cr.P.C. is reproduced herein below:

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(d)"complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this

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NA528 No. 36877 of 2025

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Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

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Explanation.-A report made by a police officer in a case which discloses, after investigation, the commission of a noncognizable 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;

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A bare perusal of explanation added to Section 2(d) shows that this explanation speaks about cases where police has investigated a case but investigation made discloses a non-cognizable offence. Such report shall be deemed to be a complaint.

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In view of what has been stated above, the present application is disposed of. The order impugned dated 10.10.2024 passed by Additional Chief Judicial Magistrate, Court No. 6, Allahabad 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.

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October 28, 2025 T. Sinha

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(Sanjay Kumar Pachori,J.)

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Abhay Pratap Singh v. State of U.P. and Another

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Abhay Pratap Singh v. State of U.P. and Another

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