( 1 ) THE petitioners figured as accused persons in a petition of complaint lodged by Harimati Dasi on. 16-8-1951. After examination of the complainant under Section 200, Criminal P. C. the learned Magistrate ordered issue of summons on two of the? petitioners Rash Behary and Bhakta under Section 447, Penal Code. On 30-8-1952 the complainant was found absent on call while the accused persons were found present, in the court of the Magistrate to whom this case had been transferred. The learned Magistrate thereupon acquitted the accused persons under Section 247, Criminal P. C. On 12-9-1952, a fresh complaint was lodged by Harimati Dasi containing substantially the same allegations. The learned Sub-Divisional Magistrate after examination of the complainant under Section 200, Criminal P. C. issued warrant of arrest against all the three accused persons, Satish Chandra Mukherjee, Rash Behari Mukherjee and-Bhskat under S_ections 379 and 427, Penal Code. The present application to this Court is for quashing the proceedings.

( 2 ) LOOKING at the general merit of the matter it certainly seems hard, as has been stressed by Mr. Mukherjee before us, the complainant havin