NA528/46301/2025 of AKANKSHA SONI Vs STATE OF U.P. AND ANOTHER

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 46301 of 2025 Court No. - 75 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant and Sri Hare Krishna Tripathi, learned counsel appearing on behalf of opposite party no.2 as well as learned AGA for the State. 2. The present application has been preferred for seeking quashing of chargesheet dated 29.09.2024 and cognizance/summoning order dated 13.05.2025 along with entire proceedings of Case No.2989 of 2025 (State Vs. Akanksha Soni), arising out of Case Crime No.109 of 2024, under Section 323, 504 IPC, P.S. Moth, District Jhansi, pending in the court of learned Judicial Magistrate, Month, Jhansi. 3. Learned counsel for applicant has made only one submission before the Court that offences under Sections 323, 504 I.P.C. are non-cognizable and in view of the explanation to Section 2(d) Cr.P.C., the chargesheet 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 judgment passed in the case of Shakila Bano and others Vs. State of U.P. and another, 2008 (61) ACC 636. 4. Although, learned AGA as well learned counsel for opposite party no.2 opposed the prayer sought through the instant application but did not dispute the submissions so made by learned counsel for applicant. 5. Before proceeding further, the relevant provisions of Section 2 (d) of Cr.P.C. are being reproduced for ready reference as under:- "2. Definitions.-In this Code, unless the context otherwise requires,- Versus Counsel for Applicant(s) : Vikas Srivastava Counsel for Opposite Party(s) : G.A., Hare Krishna Tripathi Akanksha Soni .....Applicant(s) State of U.P. and Another .....Opposite Party(s) (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. 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." 6. 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. 7. In view thereof, order dated 13.05.2025 passed in Case No.2989 of 2025 (State Vs. Akanksha Soni), arising out of Case Crime No.109 of 2024, summoning the applicant on the basis of chargesheet submitted by concerned Investigating Officer under Sections 323, 504 I.P.C. treating the same as State case, is set aside. 8. Accordingly, the instant application is partly allowed. 9. 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. March 19, 2026 Vivek Kr. NA528 No. 46301 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad