JUDGMENT : Lyle, J. The applicants in this case were originally tried by a Bench of Honorary Magistrates who wrote a judgment stating that they convicted the applicants under various sections and sentenced them to fine. Before delivering judgment, however, the Honorary Magistrates changed their minds and sent the case up to the Pargana officer under section 349 of the Criminal Procedure Code. 2. In revision, it is urged, in the first place, that the Bench of Magistrates having written the judgment convicting and sentencing the applicants, could not afterwards refer the case under the above section. It appears, however, that the judgment of the Honorary Magistrates, though signed, was never pronounced. It is, therefore, inoperative as a judgment and must be merely taken as an expression of opinion. In the second place, it is urged, that the Pargana officer should not have convicted and sentenced the applicants separately under section 143 and section 426 of the Penal Code, 1860. I see nothing illegal in this. The two offences are separate and could be separately punished. In my opinion, there is nothing illegal in the Magistrate's order. Thirdly, it is urged, that the case is not one in which section 106 of the Criminal Procedure Code should be applied, as no breach of the peace was involved. It appears that the applicants pulled down a shed, broke some nands, prepared to assault the complainant when he endeavoured to stop them and also threatened him. In my opinion, this action certainly constitutes the offence involving a breach of the peace. I see no reason for interference in revision and I dismiss the application.