When a petition/complaint in writing made before the Magistrate contains allegations as to commission of a cognizable offence by a person and the only relief sought or prayer made in it is for forwarding it to the police under Section 156(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for investigation, can it not be treated as a complaint as defined under Section 2(d) of the Code? This question arises for consideration in this case.

2. The facts of the case are as follows: The husband of the petitioner died on 06.07.1990 in a motor vehicle accident. Thereafter, certain disputes arose with regard to her share in the property owned by her husband. The petitioner instituted the suits O.S.No.717/1995 and O.S.No.718/1995, through her power of attorney, in the Sub Court, Ernakulam for resolving the disputes. She filed O.P.(MV) No.2058/1990 and her mother-in-law filed O.P.(MV) No.2132/1990 before the Motor Accidents Claims Tribunal, Ernakulam claiming compensation for the death of her husband in the accident. Against the award passed by the Tribunal in these cases, the petitioner and her mother-in-law filed appeals as M.F.A.Nos.84 of 2001 and 136