The petitioners have preferred this Revision Petition under section 439 of the Code of Criminal Procedure, against the order, dated 5th October, 1962, made by the District and Sessions Judge, Raichur, in Criminal Revision Petition No. 85/6 of 1962. By that order, he confirmed the order of the District Magistrate, Raichur, who restored the complaint dismissed by him to its original number.

The respondent made a complaint in the Court of the District Magistrate, Raichur, against the accused who are the present petitioners, complaining that they have committed an offence punishable under sections 464 and 107 of the Indian Penal Code. This complaint came to be dismissed by the learned Magistrate on 16th July, 1962 for non-appearance of the complainant, the effect of which is to discharge the accused under section 259 of the Code of Criminal Procedure. On 21st July, 1962, the respondent made an application stating therein that she, on account of difficulties, could not appear in Court in time and her Lawyer was also absent. The learned Judge accepted the application holding that he recollected that the complainant did approach the Court after the order of dismissal and relying up