Ranawat C. J. - (1.) THIS is an appeal by the State from an order of the Sub-divisional Magistrate, Nainwa dated the 18th of August, 1961 acquitting the accused of an offence under sec. 182 of the Indian Penal Code under sec. 247 of the Criminal Procedure Code on the ground that the Sub-inspector who lodged the complaint made a default in appearing before the Magistrate on the date fixed for the hearing.
(2.) THE learned Magistrate has held that a case under sec. 182 of the Indian Penal Code is a summons case and it is also a case in which summons was issued on complaint. He, therefore, held that the provision of sec. 247 of the Criminal Procedure Code was not applicable to it. In this appeal it is urged that it was wrong on the part of the Magistrate to think that the case was one in which summons was issued on a complaint The definition of ''complaint" in sec. 4 (h) of the Cr. P. C. provides : - " "complaint" means the 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 it does not include the report of a police-officer;" The case under sec. 182 of the Indian Penal Code was registered in the court of the Sub-divisional Magistrate, Nainwa, on the report of a police officer. The question which arises on the definition of the term "complaint" is whether a report of a police officer under sec. 182 of the Indian Penal Code amounts to "complaint" in the meaning of sec. 4 (h) of the Criminal Procedure Code. A report under sec. 182 of the Indian Penal Code is submitted by a police officer in exercise of his duty as such officer and cannot be regarded as anything other than a report of the police officer. In this view of the matter, a report of a police officer of an offence under sec. 182 of the Indian Penal Code cannot by any stretch of imagination fall within the definition of a "complaint" in the meaning of sec. 4 (h) of the Criminal Procedure Code. The learned Magistrate was obviously in error in thinking that the summons in the case was issued on a complaint. It is provided under sec. 247 of the Criminal Procedure Code that "if the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto, to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks proper to adjourn the hearing of the case to some other day". Then follows the proviso with which we are not concerned in the instant case. It would be noticed that the provision of sec. 247 of the Criminal Procedure Code is attracted only in cases in which summonses are issued on complaint as defined in sec. 4 (h) of the Code. In a case registered on the report of a police officer made in exercise of his duties as a public servant, the provision of sec. 247 Cr. P. C. does not apply. The dismissal of the case in this case is not in accordance with law. The appeal is allowed and the order of acquittal is set aside and the case is remanded to the file of the Magistrate First Class Nainwa with a direction to proceed further from the stage he passed the order. .;