ORDER :- The learned Sessions Judge has made this reference to quash the order of the First Class Magistrate, Manipur, Sri B. Ahmad, reviving the Criminal Case No. 17 of 1959 after its dismissal under S. 259 Cr. P.C.

2. The short facts are as follows :

On 17-1-1959, the respondent filed a complaint under S. 430 I.P.C. against the petitioners and after Police Report and after summoning the petitioners the case was posted to 10-8-1959. On that date the complainant was absent and the Magistrate passed the order that the accused be discharged under S. 259 Cr. P.C. Shortly thereafter, the respondent appeared in Court and filed a petition stating that he was present in the Court compound, but that be did not hear the case being called out and that he heard only just then that the case had been struck off because of his absence. He, therefore, requested that the complaint may be restored. Thereupon the Magistrate passed another order on the same date that the explanation given by the complainant for his non-appearance appeared quite possible and was accepted and that the dismissal order was therefore set aside and the case restored to file and he ordered issue of summons to the parties.

3. W

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