JUDGMENT V.D. Bhargava, J. - This is an application in revision filed by Babu Lal who has been convicted u/s 182, IPC and sentenced to a fine of Rs. 150/ - in default to six weeks rigorous imprisonment. 2. The prosecution case was that the applicant had lodged a report on 8-1-54 at the policy station Achhanara alleging that a burglary had taken place at the house and some of his property had been stolen. On investigation it was found that the report was false and thereafter the applicant was challaned under Section, 182, IPC and the Magistrate convicted him as mentioned above, There was a revision application before the Sessions Judge who dismissed the application in revision point of jurisdiction has been taken which was not taken in either of the courts below. 3. It was urged that no complaint u/s 182. IPC can be entertained by a court except on a complaint, in writing by a public servant concerned. It was contended that so far as this application is concerned, there had been no complaint. It was argued that there was only a police report made by one of the officers to another officer which will not amount to a complaint u/s 195, Code of Criminal Procedure. It was contended that so far as the word "complaint" is concerned, i has been defined in Section 4(f) of the Code of Criminal Procedure and a police report has been expressly excluded from the definition of a complaint. 4. For the purpose, that a mere report does not constitute a complaint unless it is addressed to a court and there is also a prayer to the court for proceeding against the accused, learned Counsel for the applicant has relied on Lakhan v. Emperor AIR 1936 All. 288 a Full Bench decision; Babu v. Emperor 1940 AWR (C.C.) 50 and Lajja Ram v. The State 1952 Cri LJ 821. 5. I have perused the record and from the record it appears that there is a document which was not addressed to the court but was only addressed "Shriman", and from the endorsement it clearly appears that it is only a report submitted by some Subordinate Officer to a higher officer and it was later on endorsed to be sent to court. In the circumstances I do not think it will amount to a complaint as a contemplated by Section 195, Code of Criminal Procedure. As there is a mandatory provision in that section that no court shall take cognisance except, on a complaint in writing, it is a matter of jurisdiction, which can be allowed to be taken for the first time in revision. 6. In the circumstances I allow the application in revision and set aside the conviction and sentence passed on the applicant. The fine if realised shall be refunded.