Disposed¶18

Anil Kumar and Another v. State of U.P. and Another

Allahabad HC16 Dec 2025NA528/41328/2025

Case brief

AI extract

What is this about?

Application U/S 528 BNSS No. 41328 of 2025, Allahabad High Court, decided 16.12.2025 (Sanjay Kumar Pachori, J.) — quashing of criminal proceedings and cognizance/summoning order dated 25.11.2019 in Criminal Case No. 8862 of 2019 (State v. Anil Kumar and another), arising out of N.C.R. No. 84 of 2018 under Sections 323, 504, 427 IPC, PS Kotwali Nagar, District Bulandshahar; non-cognizable offences; deemed-complaint principle under Explanation to Section 2(d) Cr.P.C.; matter remanded for fresh order after application of judicial mind; CJM Bulandshahar.

What did the court decide?

Application disposed of; cognizance/summoning order dated 25.11.2019 passed by Chief Judicial Magistrate, Bulandshahar quashed; matter remanded to the Court concerned for a fresh order after applying the judicial mind. ¶18

Anil Kumar and Another 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 entire proceedings in Criminal Case No. 8862 of 2019 (State Versus Anil Kumar and another), arising out of N.C.R. No. 84 of 2018 under Sections 323, 504, 427 of I.P.C., and the cognizance/summoning order dated 25.11.2019 are liable to be quashed, given that these are non-cognizable offences so that the case could not be proceeded with as a State case.

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Court's answer

Under the Explanation added to Section 2(d) Cr.P.C., where the police have investigated a case but the investigation discloses a non-cognizable offence, the police report shall be deemed to be a complaint (with the police officer deemed the complainant).

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Ratio / Principle

The application is disposed of; the impugned order dated 25.11.2019 of the Chief Judicial Magistrate, Bulandshahar is quashed, and the matter is remanded to the Court concerned with a direction to the Magistrate to pass a fresh order after applying the judicial mind.

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Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjay Kumar Pachori, J.), by order dated December 16, 2025, disposed of an Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita filed by Anil Kumar and another seeking quashing of Criminal Case No. 8862 of 2019 (State Versus Anil Kumar and another), arising out of N.C.R. No. 84 of 2018 under Sections 323, 504, 427 of I.P.C., Police Station Kotwali Nagar, District Bulandshahar, and the cognizance/summoning order dated 25.11.2019 of the Chief Judicial Magistrate, Bulandshahar. Counsel had argued that these are non-cognizable offences and, per Section 2(d) Cr.P.C., the case could not be proceeded with as a State case. Reproducing Section 2(d) Cr.P.C. with its Explanation, the Court observed that where police investigation discloses a non-cognizable offence, the police report shall be deemed to be a complaint. Quashing the impugned order dated 25.11.2019, the Court remanded the matter to the Court concerned and directed the Magistrate to pass a fresh order after applying the judicial mind.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 41328 of 2025

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Anil Kumar And Another

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Shubham Dwivedi
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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Heard, Sri Shubham Dwivedi, learned counsel for the applicants and Sri Manvendra Pratap Singh, learned A.G.A. for the State.

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The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings Criminal Case No. 8862 of 2019 (State Versus Anil Kumar and another) arising out of N.C.R. No. 84 of 2018, under Sections 323, 504, 427 of I.P.C., Police StationKotwali Nagar, District Bulandshahar as well as cognizance/summoning order dated 25.11.2019 pending in the court of Chief Judicial Magistrate, Bulandshahar.

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Learned counsel for the applicants submits that the N.C.R. report dated 04.10.2018 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the present applicants.

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Learned counsel for the applicants submits that the offence punishable under Sections 323, 504, 427 of I.P.C. are non-cognizable offence. As per provision of Section 2(d) of Cr.P.C. the case could not be proceeded as 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 Code, that some

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NA528 No. 41328 of 2025

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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 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;

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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 complaint.

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In view of what has been stated above, the present application is disposed of . The order impugned dated 25.11.2019 passed by Chief Judicial Magistrate, Bulandshahar 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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(Sanjay Kumar Pachori,J.)

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December 16, 2025

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Imtiyaz

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Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad

Anil Kumar and Another v. State of U.P. and Another

Case brief

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Anil Kumar and Another v. State of U.P. and Another

Case brief

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