Allahabad High Court

AKANKSHA SONIversusSTATE OF U.P. AND ANOTHER

Decided: 18 March 2026
Bench: SAURABH SRIVASTAVA

Holding

The order of cognizance dated 13‑05‑2025 is set aside as the charge sheet under Sections 323 and 504 IPC must be treated as a complaint, not a police report.

Summary

The applicant, Akanksha Soni, filed an application under Section 528 of the Criminal Procedure Code seeking to quash the charge sheet dated 29‑09‑2024 and the cognizance order dated 13‑05‑2025 in a case filed under Sections 323 and 504 of the IPC. The sole contention was that the offences are non‑cognizable and, per the explanation to Section 2(d) of the CrPC, the charge sheet should be treated as a complaint rather than a police report. The learned magistrate had taken cognizance as a State case, which the applicant argued was a legal error. The High Court held that the charge sheet indeed falls within the definition of a complaint and set aside the cognizance order, partially allowing the application. However, the Court clarified that the trial court may still proceed with the matter as a complaint case in accordance with law.

Issues considered

Whether offences under Sections 323 and 504 IPC are non‑cognizable.
Whether a charge sheet filed by a police officer for a non‑cognizable offence is to be treated as a complaint under the explanation to Section 2(d) CrPC.
Whether the magistrate erred in taking cognizance of the case as a State prosecution.

Legislation cited

Code of Criminal Procedure, 1973 — s. 2(d), 528
Indian Penal Code — s. 323, 504

Subjects

quash
charge sheet
cognizance
non‑cognizable offence
complaint
CrPC Section 2(d)
IPC Sections 323
IPC Section 504
Section 528 CrPC
high court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 46301 of 2025

Akanksha Soni
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Vikas Srivastava
Counsel for Opposite Party(s) : G.A., Hare Krishna Tripathi

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,-
NA528 No. 46301 of 2025
2

(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.
(Saurabh Srivastava,J.)

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

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