1.6.1 Meaning and nature of complaint Section 2 (d) of the Criminal Procedure Code, 1973 provides that ‘complaint’ means ‘any allegation made orally or in writing to a Magistrate, with a view to taking action under this Code that some person, whether known or unknown, has committed an offence, but does not include a police report’. A report made by a police officer in a case, which discloses, after investigation, the commission ofa non-cognizable offence shall be deemed a complaint and the police officer by whom such report is made shall be deemed to be complainant. Section 200 of Code provides that a Magistrate taking cognizance ofan offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate. Ganesh v. Sharanappa, (2014) 1 SCC 87, it has been asserted that the person giving information to police which leads to lodging of the report under Section 154 of Code is the informant and person who files the complaint is the complainant. Both words are interchangeable. The word ‘complaint’ is define under Section 2(d) of the Code to mean any allegation made orally or in writing to a Magistrate and the person who makes the allegation is the complainant. Scanned with CamScannerAnil Kumar and Others v. M.K. Aiyappa and Another, Cri.LJ 2014 (SC) 01, it has been held that when a private complaint is filed before the Magistrate, he has two options. He may take cognizance of the offence under Section 190 of the Code of Criminal Procedure, 1973 or proceed further in enquiry or trial. A Magistrate, who is otherwise competent to take cognizance without taking cognizance may direct an investigation. Yunus Zia v. State of Karnataka and Another, AIR 2015 SC 2376, the reports published in the Newspapers were taken into consideration suo moto by complainant, wherein he has registered the FIR after being satisfied with the material facts published in the Newspapers that there is a cognizable offence to be investigated by the police against the appellant. The same cannot be found fault for the reason that the complainant, who is on deputation to the Lokayukta, is an Inspector of Police attached to the State of Karnataka, Therefore, he has got every power under Section 2 (d) of Code, 1973, to act suo moto and take cognizance of the offence or the offences alleged to have been committed by the accuse on the basis of the reports published against him, which according to him warranted registration of an FIR and investigate the matter against him in accordance with law. There is no need for the registration of the FIR under Section 9 ofthe Lokayukta Act, in relation to the matters to be investigated under Section 8 of the Lokayukta Act. S.R. Sukumar v. S. Sunaad Raghuram, AIR 2015 SC 2757, cognizance, therefore has a reference to the application of judicial mind by the Magistrate in connection with the commission ofan offence and not merely to aMagistrate learning that some offence had been committed. Only upon examination of the complainant, the Magistrate will proceed to apply the judicial mind whether to take cognizance of the offence or not. Under Section 200 CrPC, when the complainant is examined, the Magistrate cannot be said to have ipso facto taken the cognizance, when the Magistrate was merely gathering the material on the basis of which he will decide whether a prima facie case is made out for taking cognizance of the offence or not. Thus the term, ‘cognizance of offence’ means taking notice of the accusations and applying the judicial mind to the contents of the complaint and the material filed therewith, It is neither practicable nor desirable to define as to what is meant by taking cognizance. Whether the Magistrate has taken cognizance of the offence or not will depend upon facts and circumstances of the particular case. 1.6.2 Meaning and nature of report or FIR A report is also known as ‘first information report’. It is abbreviated as ‘FIR’. Scanned with CamScannerFirst Information Report is a written document prepared by the police. It is a piece of information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the ‘first information report (FIR)’. Section 2 (r) provides that the ‘police report’ means ‘a report forwarded by a police officer to a Magistrate’. Generally report is given by the victim ofa cognizable offense or by somebody. Anyone can report the commission of a cognizable offence either orally or in writing to the police. Anyone including a police officer who knows about the commission of a cognizable offence can make a report. When information about the commission ofa cognizable offence is given orally, the police must write it down. The person giving information or making a report has a right to demand that the information recorded by the police be read to him or her. Once the information has been recorded by the police, it must be signed by the person giving the information. A copy of FIR shall be given to the informant. 1.6.3 Distinction between complaint and report (FIR) Complaint Report (FIR) a. Itismade to Magistrate a. Itis made to police officer b. It must be in writing b. It maybe oral or written c. Applicable to all offences c. Applicable to cognizable offences d. Only aggrievedcancomplain d. Any personcanmake a report e. Complainant examined onoath e. It is need not be examined on oath £ Prosecution for false complaint £ No prosecution for false information g Sets the criminal law inmotion g, Initiates the investigation h. It enables Court to begin trial h It enables the police to investigate i It is purely judicial in nature i Itis purelyexecutive in nature Scanned with CamScanner