Devadoss, J.

1. This is an appeal by the Public Prosecutor against the order of acquittal of the Assistant Sessions Judge of Salem. The accused was committed to the Court of Session under Section 211, Indian Penal Code. The Assistant Sessions Judge held that the proceedings were started on a police report before the Magistrate and the proceedings were void and therefore the committal to the Sessions Court was illegal and acquitted the accused. The contention of the Public Prosecutor is that the initiation of the proceedings was not illegal and the committal therefore was right.

2. The simple question for decision is whether the charge sheet in a non-cognizable case is a report or not. Section 190 of the Criminal Procedure Code empowers a Magistrate to take cognizance of a case "(a) upon receiving a complaint of facts which constitute such offence, (b) upon a report in writing of such facts made by any police officer, (c) upon information received from any person other than a police officer, or upon his own knowledge or suspicion, that such offence has been committed." Does the report of a police officer come within Clause (b) of Section 190 of the Criminal Procedure Code? The