ORDER : This is a revision sought to be preferred against the order of the learned District Magistrate of Tanjore in C. R. P. No. 11 of 1957, setting aside the order dismissing the complaint in C, C. No. 448 of 1957 under S. 203, Cr. P. C. by the Second Class Magistrate, Tiruvayaru.

2. The facts are : Dharmaraja Bapu Reddiar filed a private complaint against two persons for an offence under S. 498, I. P. C. This complaint was taken on file as C. C. No. 23 of 1957. Nine witnesses were examined on behalf of the complainant. Then the enquiry was posted for the examination of the accused on 29-3-1957. On that date the complainant was absent. The complaint was dismissed under S. 259, Cr. P. C.

Then the complainant on the same facts filed a second complaint which was numbered as C. C. No. 448 of 1957. The Sub-Magistrate discussed the evidence already taken on the prior complaint and taking into consideration certain facts appearing in the case-diary it will be remembered that in this case there was no reference under S. 202, Cr. P. C. but the party had preferred a complaint after the police had refused to take action - dismissed the complaint. To quote his own words

"On a very care