IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application(C482) No. 599 of 2011 Saurabh Yadav S/o Shri Naresh Yadav R/o Lodha Mandi, Jwalapur P.S. Jwalapur, District Haridwar ………..…Petitioner Versus 1. State of Uttarakhand through Secretary Home Dehradun 2. Gagan Yadav, S/o Ramesh Yadav R/o Lodha Mandi, Jwalapur, P.S. Jwalapur, Haridwar ....……Respondents Shri K.S. Verma, Advocate, present for the petitioner. Shri T.C. Agarwal, A.G.A., present for the State. Hon’ble Prafulla C. Pant, J. Heard. 2. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the petitioner has sought quashing of the order dated 16.10.2010, passed by II Special Judicial Magistrate, Haridwar, in criminal case no. 29 of 2010, whereby accused Naresh, Manju and Shubham are summoned under section 319 Cr.P.C., 2 to face the trial. The petitioner has further challenged order dated 28.05.2011, passed by III Fast Track Court/Additional Sessions Judge, Haridwar, in criminal revision no. 456 of 2010, affirmed the order passed by the Magistrate. 3. Learned counsel for the petitioner submitted that after investigation charge sheet was filed against two of the five accused. No offence is said to have been made out against Naresh, Manju and Shubham. But they have not challenged the order. 4. Perusal of the impugned orders show that as against present petitioner Saurabh Yadav no order under section 319 Cr.P.C., is passed. As against him there was already a charge sheet filed by the Investigating Officer. 5. Learned counsel for the petitioner argued that the criminal proceedings in respect of offences punishable under 323, 504 IPC should have been proceeded as a criminal complaint case. Attention of this Court is drawn to section 2(d) of Cr.P.C.. Said provision defining “complaint” provides that the word “complaint”means any allegation made orally 3 or in writing to a Magistrate, with a view to his taking action under the Code, that some person, whether known or unknown has committed an offence, but does not include a police report. 6. The above provision contained under section 2(d) itself makes it clear that police report is not to be treated as criminal complaint. Admittedly as against the petitioner the Investigating Officer had submitted the charge sheet. As far as framing of charge against accused in respect of offence punishable under section 452 IPC, is concerned, the trial court has the power to alter the charge under section 216 Cr.P.C, provided there is material on record to frame the charge. 7. In the above circumstances, this Court does not find any force in this petition, and the same is liable to bedismissed. The petition under section 482 Cr,P.C., is dismissed. (Prafulla C. Pant, J.) Parul 11.07.2011