Key legal question
Whether the investigating judge rightly refused to proceed with the complaint because the alleged facts were not criminal offenses.
Extracted holding
Yes. The reported facts did not clearly disclose any criminal offense, so a conviction could be excluded and the refusal to proceed was justified.
Extracted reasoning
A refusal to proceed on the merits is proper only when conviction can be excluded immediately and with certainty. That condition was met because the complaint described no conduct amounting to a criminal offense.