Hon'ble Surendra Singh,J.:- The applicants by filing this application under Section 482 Cr.P.C. have sought to quash the charge sheet dated 8.11.2008 and proceeding of Case No. 01 of 2009 (State Versus Jaiveer Singh and others), pending in the court of Additional Chief Judicial Magistrate Ist, Etawah under Section 323/504 I.P.C., Police Station Pachhayegaon, District Etawah as well as the summoning order dated 12.5.2009 passed by the A.C.J.M. Ist, Etawah. Briefly put, the facts of the case may be summarized as follows. The N.C.R. was lodged by the father of the respondent no.2 Himmat Singh against the applicants under Section 323 and 504 I.P.C. vide criminal case no.Nil of 2008 at Police station Pachhayegaon, District Etawah on 16.8.2008 pertaining to an incident alleged to have taken place on the same day. The police after usual investigating of the case submitted the charge sheet against the accused-applicant under Sections 323, 504 I.P.C. and on that charge sheet the concerned magistrate took cognizance of an offence and summoned the applicants. Aggrieved by that order the present application has been filed. Heard learned counsel for the applicants and learned A.G.A. and perused the material placed on record. The contention of the learned counsel for the applicants is that the offence under Sections 323 and 504 I.P.C. being non-cognizable, the police lacks jurisdiction to file charge sheet and, therefore, the charge sheet so laid being nonest in the eye of law, should be quashed. Learned A.G.A. opposed the argument of the learned counsel for the applicants 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 applicants by the impugned order. Coming to the merit of the contentions made by the learned counsel for the applicants, indisputably 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 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 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 non-cognizable 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." 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 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, Anneuxre-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 explanation to Section 2(d) of Code of Criminal Procedure as has been extracted above. With the reasons mentioned above, the charge sheet submitted by the police in the present case under Sections 323 and 504 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. 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.