JUDGMENT Honble Surendra Singh, J.—The applicants by filing this application have sought to quash the orders dated 7.6.2007 and 27.7.2007 passed by Additional Chief Judicial Magistrate, Aligarh in Criminal Case No. 810 of 2007 (State v. Maya Devi and others), under Section 323, I.P.C. Police Station Sasni Gate, District Aligarh, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Aligarh. 2. Briefly put, the facts of the case may be summarized as follows : An F.I.R. was lodged by the respondent No. 2-Har Charan Sharma against the applicant under Sections 147, 323 and 380, I.P.C. vide Case Crime No. 40 of 2007 at Police Station Sasni Gate, District Aligarh on 7.2.2007 at 7.35 P.M. regarding the incident alleged to have taken place on 12.1.2007 at 7.00 P.M. The police after investigation of the case submitted charge-sheet against the accused applicant under Section 323, I.P.C. and on that charge-sheet Magistrate took cognizance and summoned the applicant. Aggrieved with that order, the present application has been filed. 3. Heard learned counsel for the applicants and learned A.G.A. and perused the material placed on record. 4. The contention of the learned counsel for the applicant is that the offence under Section 323, I.P.C. being non-cognizable, the police lacks jurisdiction to file charge-sheet and, therefore, the charge sheet so laid being non est in the eye of law should be quashed. 5. Learned A.G.A. opposed the argument of the learned counsel for the applicant and stated that it has not been alleged in the order whether the charge-sheet filed was treated as a complaint case or police challany case. He has further submitted that no prejudice has been caused to the applicant by the impugned order. 6. Coming to the merit of the contentions made by the learned counsel for the applicant, undisputedly the aforesaid case cannot continue as one arising out of police report because said report can be filed when the offence is cognizable. Therefore, the question arises whether entire criminal proceedings should be brought to a halt and charge-sheet laid is liable to be quashed? Reference may be made to Exception 2 (d) of the Code of Criminal Procedure. Therefore, the question arises whether entire criminal proceedings should be brought to a halt and charge-sheet laid is liable to be quashed? Reference may be made to Exception 2 (d) of the Code of Criminal Procedure. Explanation to Clause (d) to Section 2 of the Code provides : “Explanation—A report made by a Police Officer in a case which discloses, after investigation, the commission of a non­cognizable 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. Section 2 (d) of the Code encompasses a police report also as a deemed complaint if the matter is investigated by a Police Officer regarding the case involving commissions of a non-cognizable offence. The police officer (Investigating Officer) who has submitted the charge-sheet and he being a public servant, statements under Sections 200 and 202, Cr.P.C. are not required to be recorded in view of the proviso (2) to Section 200, Cr.P.C. No doubt, Annexure-2 has been termed as a charge-sheet but the same should be treated as a report and proceeding should continue as complaint in view of exception 2 to Section 2(d) of Code of Criminal Procedure as has been extracted above. 8. With the reasons mentioned above, the charge-sheet submitted by the police in the present case under Section 323, I.P.C. shall be treated as complaint and it is to be decided as a complaint in accordance with procedure laid down under Chapter XV of the Code of Criminal Procedure. Learned Magistrate fell in legal error by taking cognizance in the said case. In view of the above discussion, the order of the Magistrate is only required to be modified and not to be quashed as a whole. 9. The application under Section 482, Cr.P.C., therefore, is allowed partly treating the charge-sheet as a complaint. However, the offence being trivial in nature, the applicants shall be permitted by the Court below to appear through their counsel under Section 205 of the Code of Criminal Procedure, after bail is granted to them subject to the terms and conditions imposed by the Court below under the facts and circumstances of the case. ————