( 1 ) THIS revisional application is directed against the order dated 11-1-89 passed by the learned Sub-Divisional Judicial Magistrate, Burdwan in Misc. Case No. 46/ 87 allowing restoration of the Misc. Case to its original number and setting aside the order dated 26-4-88.

( 2 ) THE proceeding is one under S. 125 of Criminal P. C. On 26-4-88 the petitioner/wife was absent without taking any step and so the learned Magistrate ordered that the Misc. Case be filed. On 30-4-88 the wife filed a petition praying for restoration of the case stating the grounds therein. Having heard both sides, by the impugned order dated 11-1-89, the learned Magistrate allowed the petition and restored the Misc. Case to file and fixed 22-2-89 for hearing.

( 3 ) THE only point for consideration is whether the learned Magistrate has the jurisdiction to restore the proceeding under S. 125, Cr. P. C. to file once it is dismissed for default.

( 4 ) THE learned counsel for the petitioner has submitted that the Criminal Court has no jurisdiction to restore a proceeding which has been dismissed for default. The learned counsel submitted, as per provision of S. 362 of the Cr. P. C. , the Crim