1. This is an appeal filed by the State against the order of acquittal passed in a case started on a report made by the Preventive Officer, Kunnathur range. For the non-appearance of the complainant on the date of hearing the learned Magistrate acquitted the accused under S.247 Cr. P.C. The argument that is raised is that the case does not come within the operation of S.247, for the reason that the case was not started on a complaint but on the report of the prohibition officer. It is only the report of a police officer which will not come within the meaning of the term'complaint' under S.4(h) of the Criminal Procedure Code. The expression 'complaint' is comprehensive enough to include reports of public officers except those specifically excluded from its operation. The report of the prohibition officer, therefore, falls within the definition of S.4(h) of the Criminal Procedure Code and consequently S.247 Cr. P. C., would apply. This view of mine is reinforced by a judgment of a Bench of the Calcutta High Court in Radhik Mohan Das v. Hamid Ali (ILR. 54 Cal. 371) and the case of the Andhra High Court in Public Prosecutor v. Shaik Dawood (1956-2 A.W.R. 642).

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