JUDGMENT :

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

2. This application under section 482 Cr.P.C. has been filed with a prayer to quash the proceedings of Case No.648 of 2021, arising out of charge sheet no. NIL of 2021 dated 21.01.2021 of NCR No.114 of 2020 (State Vs. Vimal Dubey & another), under sections 323, 504, IPC, Police Station Chilh, District Mirzapur, pending in the court of IInd Additional Chief Judicial Magistrate, Mirzapur.

3. Learned counsel for the applicants mainly contended that an NCR under sections 323 and 504 IPC was registered and thereafter investigation was conducted and charge sheet has been submitted against the applicants. Learned Magistrate has taken cognizance of the offence without looking into the police report and against the provisions of law. Learned counsel for the applicants submitted that as per section 2(d) Cr.P.C., if after investigation the police report discloses commission of non cognizable offence, it has to be treated as a complaint and investigating officer/police officer shall be deemed to be complainant and the procedure of complaint case is to be followed. In view of the provision