AMAN TAYALversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                 APPLICATION U/S 528 BNSS No. - 35943 of 2026

Aman Tayal
                                                           .....Applicant(s)
                                    Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : Ravi Prakash Mishra, Sanjeev Kumar
                                Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 79
                  HON'BLE SAURABH SRIVASTAVA, J.

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

2. The present application has been preferred for seeking quashing of
charge-sheet dated 21.05.2025 and cognizance/summoning order dated
30.05.2025 along with entire proceedings arising out of Case Crime
No.108 of 2025, under Sections 115(2), 352, 351(2) BNS, P.S. Nai
Mandi, District Muzaffarnagar, pending in the court of learned District
Judge 1st Muzaffarnagar.

3. Learned counsel for applicant has made only one submission before the
Court that offences under Sections 115(2), 352, 351(2) 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 applicant has placed
reliance upon the judgments passed in the case of Murli and others Vs.
State of U.P. and another, 2008 (61) ACC 54; Virendra Singh and
others Vs. State of U.P. and others, 2002 (45) ACC 609 and 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 applicant.

5. Before proceeding further, the relevant provisions of Section 2(1)h
                                                                                          NA528 No. 35943 of 2026
                                                                   2


                                    BNSS are being reproduced for ready reference as under:-

                                    "2. Definitions.- (1) In this Sanhita, unless the context otherwise
                                    requires,-

                                    (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),
                                    352, 351(2) 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
                                    applicant and as such process to issue notice to opposite party no.2 is
                                    hereby dispensed with.

                                    8. In view thereof, cognizance/summoning order dated 30.05.2025 passed
                                    by learned Judicial District Judge 1st Muzaffarnagar against the
                                    applicants on the basis of charge-sheet submitted by concerned
                                    Investigating Officer under Sections 115(2), 352, 351(2) 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.

                                    September 29, 2026
                                    Ashish/-

                                                                                       (Saurabh Srivastava,J.)



Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad