JUDGMENT : Narasimham, C.J. - This is a reference by the Additional District Magistrate, Kalahandi, recommending the setting aside of the order dated 3-9-1961 passed by the S.D.M. of Dharamgarh declining to take cognizance of an offence u/s 279 Indian Penal Code on receipt of a charge-sheet from the police. 2. The police of Junagarh filed a charge-sheet before the learned S.D.M. for prosecution of the driver of truck ORH 388 on the allegation that it was driven in a rash and negligent manner so as to endanger human life on 13-7-1961 at 1 p.m. It appears that the truck actually dashed against a tree by the side of the road and was damaged. When the charge-sheet was submitted to the learned S.D.M. he wrote out the following order: Perused charge-sheet received u/s 279 Indian Penal Code against one Radhashyam Sharma. Even according to charge-sheet the ingredients of Section 279 Indian Penal Code have not been made out. Hence the charge-sheet is filed. 3. The learned Additional District Magistrate in his order of reference says that on receipt of the charge-sheet the Magistrate should have proceeded under the provisions of Chapter XVI of the Code of Criminal Procedure and that the filing of the charge-sheet was tantamount to an order of dismissal of a complaint u/s 203 which was premature as there was no compliance with the provisions of Section 200 and 202 Code of Criminal Procedure. Here the Learned Additional District Magistrate ha committed a mistake. Chapter XVI of the Code of Criminal Procedure applies only to complaints and the very definition of the expression "complaint" (Section 4(1)(h) Code of Criminal Procedure) excludes a report of a police officer. Hence a charge-sheet filed by the police cannot be dealt with under the provisions of Chapter XVI of the Code of Criminal Procedure. It is true that by virtue of Section 190(1)(b) Code of Criminal Procedure a Magistrate has power to take cognizance on a police report. If the offence alleged is triable as a warrant case, he should proceed u/s 251-A, Code of Criminal Procedure and may discharge the accused under Sub-section (2) of that section if he finds the charge to be groundless on consideration of all the police papers. If the offence alleged is triable as a warrant case, he should proceed u/s 251-A, Code of Criminal Procedure and may discharge the accused under Sub-section (2) of that section if he finds the charge to be groundless on consideration of all the police papers. But if the offence disclosed in the police report is triable only as a summons case, Chapter X X of the Code of Criminal Procedure requires that the trial should proceed and end with an acquittal or conviction as the case may be. It may be possible to urge with some justification that the power to take cognizance on a police report conferred by Section 190(1)(b) Code of Criminal Procedure also includes the power to refuse to take cognizance in appropriate instances. But it is not necessary for me to pronounce definitely whether in cognizable cases involving offences triable as summons cases the Magistrate may in appropriate instances refuse to take cognizance on a charge-sheet. He cannot obviously do so so far as warrant cases are concerned in view of the express provision of Section 251-A (2) Code of Criminal Procedure. 4. But on merits the order of the Magistrate cannot be justified. It does not appear that he perused the case diary or examined the statements made by the witnesses before the police. I find that 8 witnesses had been mentioned in the charge-sheet. The very fact that the truck left the road and dashed against a tree may lead to a prima facie inference that the driver drove it rashly and negligently .There was therefore adequate material for the magistrate to try the accused. I would therefore, while disagreeing with the view of the learned Additional District Magistrate regarding the applicability of Chapter XVI of the Code of Criminal Procedure to an offence of this type, set aside the order of the Magistrate dated 3-9-1961, direct him to take cognizance on the charge-sheet and dispose of the same according to law. Reference accepted.