GURDEV SINGH, J.

1. This appeal by the State of Haryana is directed against the order of Shri Ram Saran Dass Bhatia, Judicial Magistrate First Class, Ambala City, dated 30th May, 1969, whereby he dismissed the complaint against the respondent who was prosecuted under Section 12 (1) of the Punjab New Capital (Periphery) Control Act, 1952, solely on the ground that the complainant was absent. The date on which the complaint was dismissed was fixed for the appearance of the accused. Though the accused appeared, the complainant, who in this case was Director, Town and Country Planning and Deputy Commissioner (Periphery), Chandigarh, happened to be absent. The Public Prosecutor Mr. Balbir Singh, however, represented him. The learned Magistrate dismissed the complainant by his order, which reads thus:

"Complainant not present. No exemption applied for, Complaint is dismissed in default of the appearance of the complainant. File."

2. The learned Assistant Advocate-General Mr. H. N. Mehtani appearing for the State urges that the learned Magistrate should have applied his mind to see if he should grant exemption of appearance to the complainant even if there was no written, prayer b