Allowed¶30

Ashwani Jaiswal Alias Ashwani Kumar Agrawal v. State of U.P. and Another

Allahabad HC14 Jan 2026NA528/14603/2025

Case brief

AI extract

What is this about?

Non-cognizable offence; charge-sheet deemed complaint; Section 2(d) Cr.P.C.; Sections 155(2) and 155(3) Cr.P.C.; Section 528 BNSS; quashing of cognizance order; Sections 323 and 506 IPC; remand to Chief Judicial Magistrate Gorakhpur; complaint case procedure; police report deemed complaint; Allahabad High Court.

What did the court decide?

Application under Section 528 BNSS allowed; cognizance order dated 24.08.2023 quashed; matter remitted to the Chief Judicial Magistrate, Gorakhpur to pass a fresh summoning order expeditiously in accordance with law, following the procedure provided for complaint cases in non-cognizable offences. ¶30

Ashwani Jaiswal Alias Ashwani Kumar Agrawal vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a charge-sheet (police report) filed after investigation of a non-cognizable offence under Sections 323 and 506 IPC is deemed to be a 'complaint' under Section 2(d) Cr.P.C., so that cognizance taken by the Magistrate treating it as a State case is against the law.

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Court's answer

Though a 'complaint' under Section 2(d) Cr.P.C. does not include a police report, the explanation to Section 2(d) provides that a police report submitted after investigation disclosing a non-cognizable offence is deemed to be a 'complaint', with the police officer deemed the complainant.

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Ratio / Principle

A charge-sheet filed by the police for a non-cognizable offence must be treated as a complaint case, not as a State case.

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Key takeaways

Since the case must proceed as a complaint case, the cognizance order dated 24.08.2023 was quashed and the matter remitted to the Chief Judicial Magistrate, Gorakhpur to pass a fresh summoning order expeditiously, following the procedure for complaint cases in non-cognizable offences.ratio¶26

Detailed headnote1 paragraphs

Allahabad High Court (Padam Narain Mishra, J.) held that where, after investigation, a police report/charge-sheet is filed for a non-cognizable offence (Sections 323 and 506 IPC), such report is deemed to be a 'complaint' under Section 2(d) Cr.P.C., the investigating officer being deemed the complainant, and the case must be treated as a complaint case and not a State case. Quashing the cognizance order dated 24.08.2023 passed in Criminal Case No. 49685 of 2023 (arising out of Case Crime No. 282 of 2022, P.S. Ramgarhtal, Gorakhpur), the Court remitted the matter to the Chief Judicial Magistrate, Gorakhpur to pass a fresh summoning order expeditiously in accordance with the procedure applicable to complaint cases in non-cognizable offences. Application under Section 528 BNSS allowed.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 14603 of 2025

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Ashwani Jaiswal Alias Ashwani Kumar Agrawal

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.....Applicant(s)

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Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) : Counsel for Opposite Party(s) :	Arvind Prabodh Dubey G.A.

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Court No. - 82

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HON'BLE PADAM NARAIN MISHRA, J.

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Heard learned counsel for the applicant, learned AGA for the State as well as perused the record.

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The present application under section 528 BNSS has been filed with the prayer to quash the charge sheet Dated 01.08.2022, and the entire proceedings of the Criminal Case No. 49685 of 2023, arising out of Case Crime No. 282 of 2022, under sections 323 and 506 IPC, Police Station Ramgarhtal, Gorakhpur.

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The brief facts of the case are that an FIR under sections 323 and 506 of IPC has been lodged against the applicant and the police, after investigation, has filed the charge sheet under Sections 323 and 506 IPC.

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Learned counsel for the applicant has submitted that sections 323 and 506 IPC are non-cognizable offences and the charge sheet submitted by the police after investigation shall be deemed to be a complaint under section 2(d) of Cr.P.C, therefore, the cognizance taken by the Magistrate is against the law.

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Learned AGA could not dispute the factual matrix as well as legal position that as the offence is non-cognizable, even after the charge sheet has been filed by the police, the case is to be treated as a complaint case and not a state case as per section 2(d) of Cr.P.C.

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After hearing learned counsel for the applicant and learned AGA for the State and perusing the material available on record, it appears that the applicant was named in the FIR lodged under sections 323

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NA528 No. 14603 of 2025

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and 506 IPC and the charge sheet has been filed under sections 323 and 506 IPC.

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It is relevant at this juncture to go through provisions of sections 2(d), 155(2) and 155(3) of Criminal Procedure Code which are reproduced below:-

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Section 2(d) of Cr.P.C. defines complaint which is as follows:

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"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".

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"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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Section 155(2) of Cr.P.C.

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"No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial."

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Section 155(3) of Cr.P.C.

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"Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case."

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From the perusal of above-quoted provisions, it is clear that though the complaint does not include police report, but the explanation of section 2(d) Cr.P.C provides that if after investigation of case, the police report is submitted by the police officer regarding noncognizable offence, the police report/charge sheet of non-cognizable offence will also be deemed to be a "complaint". The charge sheet filed by the Police for non-cognizable offence, the same shall be treated as complaint case not as state case.

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In view of the discussion made above, the cognizance order dated 24.08.2023 is hereby quashed. The matter is remitted back to the Chief Judicial Magistrate, Gorakhpur to pass the order on the point of

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NA528 No. 14603 of 2025

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summoning afresh, expeditiously in accordance with law. The court below shall proceed in the matter following the procedure provided for complaint case in non-cognizable offences.

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With these observations and directions, the application is allowed

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January 14, 2026 Akram

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(Padam Narain Mishra,J.)

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Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad

Ashwani Jaiswal Alias Ashwani Kumar Agrawal v. State of U.P. and Another

Case brief

What is this about?

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Ashwani Jaiswal Alias Ashwani Kumar Agrawal 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

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