JUDGMENT 1. The rule is made absolute. The Magistrate will be directed to abstain from taking further proceedings in this matter except on the complaint and sworn examination of the complainant. It appears that a certain person presented to the Magistrate a petition stating that he had been taken to an Indigo Factory and there made to sign a paper and he expressly stated that he did not wish to prosecute. This was clearly not a complaint within the terms of the definition given in the Code of Criminal Procedure where it is defined to be "an allegation made orally or in writing to a Magistrate with a view to his taking action." We should say that a petition of this description was made to the Magistrate merely for the purpose of having it, as it were registered, in order to be used if it should so happen that proceedings were taken on the document said to have been executed. The Magistrate should have refused to receive such a petition. The Magistrate, however, thought proper to take action in the matter, but he did not proceed to examine the complainant. He made over the matter for inquiry and report to a Subordinate Magistrate and, on receiving a report from that officer to the effect that the evidence he had taken was "too insufficient," he recorded that that was not his opinion on the proceedings taken and the Magistrate himself then issued summons for the attendance of the accused. Now, the Magistrate had then before him no complaint nor had he then before him the examination of the complainant taken by himself upon which process could be properly issued. An attempt has been made to justify these proceedings as having been taken by the Magistrate on his own responsibility under sec. 190, cl. 1 (c). We think, however, that this provision of the law has been misapplied and that it was never intended to be applied by the Magistrate to a case such as the present where a man professing to complain of an offence committed against him expressly states that he does not wish the Magistrate to take any action. The proceedings taken by the Magistrate are in our opinion not only ill-advised but they are such that in the course of a proper discretion he should not have taken. The proceedings taken by the Magistrate are in our opinion not only ill-advised but they are such that in the course of a proper discretion he should not have taken. We accordingly direct that he do abstain from further action in the matter save on the sworn examination of the complainant.