JUDGMENT

1. This case has been referred to us by the learned Sessions Judge of Bareilly with the recommendation that the conviction of the two accused, Beni Ram and Jhau Lal, be set aside as also the order passed u/s 106 of the Code of Criminal Procedure directing' them to furnish security to keep the peace. The learned Judge was of opinion that the Magistrate took action u/s 190, Clause (c), of the Code of Criminal Procedure and was,' therefore, bound to adopt the procedure laid down in Section 191 of that Code. We are of opinion that action was taken by the Magistrate not under Clause (c) of Section 190, but under Clause (a) of that section as a complaint was made to the Magistrate of facts which constituted the offence of which the accused were convicted. In the petition of complaint filed by Pir Bakhsh and Mangal it was stated that the accused were interfering with persons who came to sell cattle and had assaulted them as well as the complainants. This petition was made with a view to the Magistrate taking action in regard to acts committed by the accused. It was, therefore, a complaint within the definition of that term as contained in Clause (h) of Section 4 of the Code of Cri