JUDGMENT Sir Francis W. Maclean, K.C.I.E., C.J. - In my opinion the question submitted to us ought to be answered in the affirmative. The word "complaint," referred to in Section 199 of the Code of Criminal Procedure means a "complaint" as defined by Section 4, Clause (h) of the same Code. The precise point now before us does not seem to have been decided by Mr. Justice Pigot and Mr. Justice Hill in the case of Jatra Shekh v. Reazat Shekh ILR (1892) Cal. 483. The decisions in this Court and other Courts in India seem to proceed upon the view I have enunciated. 2. The conviction, therefore, cannot stand and must be set aside. Ghose J. 3. I am of the same opinion. I should desire, however, to add that at one time I was inclined to think that the information lodged by the husband before the police having been placed before the Magistrate in due course and the Magistrate having taken action upon such information and the husband in his evidence before the Magistrate having referred to the information before the police, there was a complaint before the Magistrate within the meaning of the word "complaint" as given in Section 4 of the Code of Criminal Procedure; but having considered more carefully the different sections of the Code which bear upon the question and by the light of the various cases which have been quoted before us, I am of opinion that the information before the police could not be regarded as a complaint as defined by the Code. Rampini J. 4. I am of the same opinion. It appears to me D that when the word "complaint" has been denned in Clause (h) of Section 4 of the Code of Criminal Procedure, it must be interpreted throughout that Code as bearing that meaning and therefore, in Sub-section 3 of Section 238, the word "complaint" can only mean a, complaint made to a Magistrate. That being so, I think, the first question submitted to us must be answered in the affirmative. The second question does not arise. Henderson J. 5. I am of the same opinion. Geidt J. 6. I am also of the same opinion.