apply to the provisions of Section 174-A I.P.C. It is to be noted that all the offences under Section 172 to 188 I.P.C. (both inclusive) are noncognizable and bailable, whereas Section 174-A I.P.C. which provides for punishment upto 7 years imprisonment and fine, in case the offender fails to appear at the specified place and the specified time, as required by the proclamation published under Section 82 Cr.P.C., is cognizable and non-bailable as per 1st Schedule (classification of offences). It has been clearly provided u/s 195 (1)(a) Cr.P.C. that no court shall take cognizance of offences punishable under Sections 172 to 188 (both inclusive) of the I.P.C. or of the abatement or attempt to commit the said offence, except by complaint in writing by the public servant or of some other public servant to whom he is administratively subordinate, whereas the complaint as defined in Section 2(d) Cr.P.C., with respect to the offences which are 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; shall take cognizance of offences punishable. On the basis of above, understanding of the Court is that a complaint is to be lodged for offence which are non-cognizable.
