This a petition preferred under Section 561-A of the Code of Criminal Procedure. It was on the 17th of March 1971, that I disposed of Criminal Miscellaneous (Main) No. 136 of 1970.

2. The explanation is contained in this petition as to in which circumstances Shri R. C. Chopra, counsel for the respondent could not be present on that date. The ultimate prayer is that the ex parte order dated the 17th of March, 1971, quashing the proceedings initiated by the complaint dated the 11th of May, 1970, against the petitioners in the aforementioned main petition be set aside.

3. Mr. N. S. Sistani, the learned counsel appearing for the petitioners in Criminal Misc. (Main) No. 136 of 1970, who is the counsel for the respondents in Criminal Miscellaneous No. 264 of 1971, has raised a preliminary objection that the relief sought by the present applicants cannot be granted. His contention is that there is no provision in the Criminal Procedure Code for setting aside an order which may have been passed ex parte. He has referred in the first instance to U. J. S. Chopra v. State of Bombay, AIR 1955 SC 633.

4. For a correct appreciation of the questions of law arising before the Supreme Court i