Heard the learned counsel for the revisionist and the learned A.G. A. for the respondent State and perused the record. 2. This is a revision against the order dated 16.8.2010 passed by the Judicial Magistrate/Additional Civil Judge, Junior Division, Court No. 3, Ghaziabad in criminal case No. 2317 of 2008, State v. Pintu and others, whereby the learned Magistrate refused to review the summoning order. 3. The view of the learned Magistrate is perfecty correct and is based on the principles laid down by the Apex Court in the case of Adalat Prasad v. Roop Lal Jindal, 2004 (3) Crimes 350 : (2004 Cri LJ 4874 : AIR 2004 SC 4674), therefore, the present revision has no substance. 4. However, Mr. Gaurav Kakkar submitted that the offences under sections 323,504, 5061.P.C. are non cognizable offences, there fore, the charge sheet filed by the Investigating Officer cannot proceed as a police case and the same is liable to be proceeded with as a complaint case. He placed reliance on Murli and others v. State of U.P. and another, 2008 (61) ACC 54 (2): (2008 (2) ALJ 382: 2008 Cri LJ 1537), Virendra Singh and others v. State of U.P. and others, 2002 (45) ACC 609 : (2002 Cri LJ 4265 : 2002 All LJ 2044) and Shakila Bano and others v. State of U.P. and another, 2008 (61) ACC 636. 5. According to the first Schedule to the Code of Criminal Procedure, the offences un­der sections 323,504,506 are non cognizable, therefore, the explanation to section 2 (d) of the aforesaid Code is attracted in this case. Section 2 (d) of the Code of Criminal Proce­dure is provides: "(d) "Complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or un­known, has committed an offence, but does not include a police report." Explanation- A report made by a police of­ficer in a case, which discloses, after investi­gation, the commission of a non-cognizable offence shall be deemed a complaint and the police officer by whom such report is made shall be deemed to be the complainant. 6. 6. In view of the aforesaid explanation, the police report in respect of non cognizable of­fences is nothing except a complaint within the meaning of section 2(d) of the aforesaid Code, therefore, the trial has to proceed as a complaint case, not as a case instituted on police report. The learned Magistrate is di­rected to proceed with matter accordingly. 7. With the aforesaid observations, the re­vision is disposed of. Revision dismissed.