Hon’ble Shiv Charan, J.—This application under Section 482, Cr.P.C. has been moved for quashing the proceedings of Criminal Case No. 1892 of 2007, State v. Chandra Pal and others, under Sections 323, 504, I.P.C., Police Station Jawan District Aligarh pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Aligarh.

2. The perusal of the record shows that complainant Mohan Singh lodged an FIR at the police station and then FIR was registered by the police for the offences under Sections 147, 148, 149, 323, 504 and 506, I.P.C. During investigation, the I.O. arrived at the conclusion that no offence is made out for other offences except Sections 323 and 504, I.P.C. and hence charge-sheet was submitted for these offences and the Court took the cognizance for the offences and ordered for issuance of notice.

3. The main argument of learned counsel for the applicants is that in view of Section 2(d) of the Code of Criminal Procedure if a charge-sheet is submitted against non-cognizable offence, then it must be treated as complaint case and the procedure as provided for complaint must be adopted. He has placed reliance on a judgment of this Court reported in 2008 (2) ADJ 253, Awadhesh Kumar and others v. State of U.P. and another. Learned counsel for the applicants argued that as the learned Magistrate after receipt of the charge-sheet took the cognizance and treated the charge-sheet as police challani case and hence illegality has been committed.

4. Learned A.G.A. opposed the argument of learned counsel for the applicants and stated that it has not been alleged in the order that whether the charge-sheet filed was treated as a complaint case or police challani case. He further argued that no prejudice has been caused to the applicant by the impugned order.

5. I have considered the facts and circumstances of the case as well as legal position,as argued by the learned counsel for the applicant.

6. Section 2(d) of the Cr.P.C. provides “if a charge-sheet is submitted against non-cognizable offence, then it must be treated as complaint and further it has been provided in the explanation that “A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognziable offence shall be deemed to be a complaint and the police officer by whom such report is made shall be deemed to be the complainant.”

7. Hence in view of this provision, in the present case, the charge-sheet was submitted under Sections 323 and 504, I.P.C., a non-cognizable offence, therefore, it must be treated as complaint and in explanation it has been provided that the I.O. shall be deemed to be a complainant. Although it has not been made clear by the Magistrate concerned that whether he took the cognizance considering the charge-sheet as complaint or as a police challani case and in view of the provisions of law, it must be treated as complaint case and the procedure as provided for the complaint case must be followed in accordance with the explanation of Section 2(d) of the C.P.C.

8. Learned counsel for the applicants argued that if the charge-sheet is to be treated as complaint, then the procedure under Sections 200 and 202, Cr.P.C. must be followed and in the present case, the procedure has not been followed, hence the order of cognizance must be quashed.

9. As stated above, that the explanation of Section 2(d) of the Cr.P.C. provides that on submission of police report in a non-cognizable case, the same must be treated as complaint and officer by whom such report is made shall be deemed to be complainant hence it shall be complaint case. In this context, Section 200, Cr.P.C. is also relevant. Undisputedly, if complaint is filed by a private person, then the statement of the complainant shall be recorded and thereafter the evidence under Section 202, Cr.P.C. shall be recorded. But what will be the position if the complainant of the case is a public servant; whether in that circumstance also, the statement under