Somayya, J.

1. The Public Prosecutor showed me a copy of the Amius return on the warrant which was issued for the arrest of accused 2. The return mentions that the Amin was informed that accused 2 had gone to Epoh. Epoh is in the Federated Malay States and according to the affidavit filed on behalf of the petitioner he left India in March and that is not contradicted by the complainant in the affidavit which he has filed to-day before me. What is said is that he originally preferred a complaint on 1st February 1941, that the Magistrate forwarded the same to the police for enquiry, that the Court took it on file ultimately and that in the month of April, the complainant got information from the Magistrate that he had already issued notice to the accused on the police report The complainant states further that on one day which is said by the petitioners advocate to be 31st May 1941, the complaint was dismissed on the ground that the complainant was absent when called. A fresh complaint was filed on 2nd June 1941 and it is on this fresh complaint that the warrants of attachment and proclamation were issued on 20th June 1941. It is obvious that when the Magistrate was informed that