1. The question arising in this appeal by the State against acquittal, is whether a complaint forwarded by the Magistrate to the police for investigation and report under S.156(3) of the Code of Criminal Procedure would continue to retain its character as a complaint even though the police after investigation had sent up final report charging the case. In the present instance a complaint was filed under S.341 and 323 read with S.34 I. P. C. and that was forwarded by the Magistrate to the police under S.156(3) of the Code. After the receipt of the final report of the police, the trial was proceeded with as if it were a case instituted on police report and on 26-5-1965, to which date the case stood posted, nobody was present for the prosecution and so the accused was acquitted under S.247 of the Code. S.247 can apply only to cases instituted on complaint. On behalf of the State, therefore, it is argued that the learned Magistrate has gone wrong in dismissing the complaint under S.247 treating it as a private complaint; the case having been taken cognisance of on the final report of the police it ought to have been treated as a police charge and not as a private complaint