This revision petition is directed against the order dated 25.11.99 passed by the learned Additional Chief Judicial Magistrate, Imphal in Criminal Complaint Case No. 3 of 1999,2 of 1999 thereby inter alia ordered to proceed with the trial by following the procedure prescribed in a summon case. The learned Court below further held that the provision of section 251 CrPC can be still complied with as the stage of the trial was only in the cross examination of PW 1 who is the complainant herself. Therefore, no injustice/prejudice has been caused to any of the parties.

2.1 have heard Mr. Ng Premkumar, learned counsel for the revisionist as well as Mr. Ng Kumar, learned counsel for the respondent.

3. The sole question posed for determination in this petition is, whether the complaint under section 499 IPC, and the punishment prescribed under section 500 IPC is to be tried by following the procedure prescribed in a summon case or in a warrant case. To answer this question, it would be necessary to understand what is a summon case and what is a warrant case. Summon case has been defined in section 2 (w) of the Code of Criminal Procedure. It reads:

“2. (w) 'Summons case' means a case relating

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