VIKRANT KUMAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

           HIGH COURT OF JUDICATURE AT ALLAHABAD

             APPLICATION U/S 528 BNSS No. - 18353 of 2026

Vikrant Kumar And 2 Others
                                                                        .....Applicant(s)
                                         Versus
State of U.P. and Another
                                                                            .....Opposite
                                                                                  Party(s)

Counsel for Applicant(s)                                    :     Suvash Ram
Counsel for Opposite Party(s)                               :     G.A.

Court No. - 77
                   HON'BLE SAURABH SRIVASTAVA, J.

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

2. The present application has been preferred for seeking quashing of
charge-sheet dated 21.08.2025 along with cognizance/summoning order
dated 19.12.2025 as well as entire proceedings arising out of Case Crime
No.182 of 2025, under Sections 115(2), 351(3) BNS, P.S. Kakadev, District-
Kanpur Nagar, pending in the court of learned Judicial Magistrate, Court
No.1, Kanpur Nagar.

3. Learned counsel for applicants has made only one submission before the
Court that offences under Sections 115(2), 351(3) BNS are non-cognizable
and in view of the explanation to Section 2(1)h BNSS, 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 applicants has placed reliance upon the
judgments passed in the case of Shakila Bano and others Vs. State of U.P.
and another, 2008 (61) ACC 636.

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

5. Before proceeding further, the relevant provisions of Section 2(1)h BNSS
are being reproduced for ready reference as under:-

"2. Definitions.- (1) In this Sanhita, unless the context otherwise requires,-
                                                                                                NA528 No. 18353 of 2026
                                                                      2

                                    (h) "complaint" means any allegation made orally or in writing to a Magistrate, with
                                    a view to his taking action under this Sanhita, 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 115(2), 351(3) BNS
                                    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. Since the legal issue has been raised by learned counsel for the applicants
                                    and as such process to issue notice to opposite party no.2 is hereby dispensed
                                    with.

                                    8. In view thereof, cognizance/summoning order dated 19.12.2025 passed by
                                    learned Judicial Magistrate, Court No.1, Kanpur Nagar against the applicants
                                    on the basis of charge-sheet submitted by concerned Investigating Officer
                                    under Sections 115(2), 351(3) BNS treating the same as State case, is set
                                    aside.

                                    9. Accordingly, the instant application is partly allowed.

                                    10. 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.

                                    May 5, 2026
                                    Saif
                                                                                            (Saurabh Srivastava,J.)




Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad