JUDGMENT 1. - The Station House Officer, Police Station, Udai Mandir lodged a report under section 182, Indian Penal Code, against accused Jethmal in the Court of Additional Munsiff Magistrate No.2, Jodhpur. On 18.8.1971 the Additional Munsiff Magistrate No.2 dismissed the case under section 247, Criminal Procedure Code although the case was fixed on the day for the statement of the accused under section 242 Criminal Procedure Code and the reason for the dismissal was that the Station House Officer, Police Station, Udai Mandir was not present. 2. In State of Rajasthan v. Iqbal Hussain, ILC (1963) 13 Raj. 164 a Divisional Bench of this Court has held that a report of an offence under section 182 of the Penal Code is submitted by a police officer in exercise of his duty as such officer and cannot be regarded as any thing other than a report of the police officer. It cannot by any stretch of imagination fall within the definition of a "complaint" in the meaning of section 4 (h) of the Criminal Procedure Code." The provisions of section 247, Criminal Procedure Code are attracted only in case in which summons has been issued on complaint, under the Code of Criminal Procedure in a case registered on a report of the Police Officer made in exercise of his duties as a public servant, the provision of section 247, Criminal Procedure Code does not apply." 3. The revision application is allowed and the order of the Additional Munsiff Magistrate No.2. Jodhpur, dated 18.8.71 is set aside. The learned Magistrate will proceed according to law. 4. Learned counsel for the opposite party submits that it is a matter which relates to the year 1968 & six years have gone by. This will certainly, it is hoped, persuade the learned Magistrate to expedite the case and ultimately take such view as he thinks fit. *******