K RAMACHANDRA MURTHY Vs. M B GANGADHARAIAH SWAMY

JUDGEMENT

(1.) Private complaint filed by the first respondent for offences under Chapter XXI I.P.C., when referred to police for investigation by the Magistrate was investigated into by the police and they filed a charge-sheet against the petitioners for offences under Chapter XXI IPC, which was taken cognizance of by the learned Magistrate as C.C.No. 168 of 2003. This petition is filed by A-2 and A-3 therein to quash the proceedings in the said C.C.

(2.) The contention of the learned counsel for the petitioners is that in view of Section 199(1) Cr.P.C., the learned Magistrate was in error in taking cognizance of a case on a police report the proceedings in the CC are liable to be quashed. The contention of the learned counsel for the first respondent is, since offences under Chapter XXI IPC are non cognizable, first respondent filed a private complaint and since the learned magistrate referred the same to police for investigation, police can investigate into a non cognizable offence also, and so the police investigating into the case and filing a charge-sheet, should be construed as a case being taken cognizance on the complaint of the first respondent himself.

(3.) I am unable to agree with the contention of the learned counsel for the first respondent that in the circumstances stated by him the charge sheet filed by the police should be construed as a complaint filed by the first respondent himself. Section 2(d) and (r) Cr.P.C. define 'complaint' and 'police report' respectively and Section 2(d) Cr.P.C. specifically excludes 'police report' from the definition of 'complaint'. Therefore, it is clear that 'police report' is not and cannot be a 'complaint'. As perSection2(r) Cr.P.C'police report' means the report forwarded by the police officer to the magistrate under Section 173(2) Cr.P.C. which is in Chapter XII of Cr.P.C. which deals with information to police and their power to investigate. Section 173 Cr.P.C. deals with the report of the police officer on completion of investigation.