( 1 ) THIS is an application for revision of an order passed by a 1st class Magistrate on 15-4-1959 summoning the applicant to stand trial as an accused. On a warrant issued by Magistrate under section 5 of the U. P, Public Gambling Act the applicants house was searched by the Police and he was arrested and some instruments of gaming were seized from the house. After the arrest the police made a report in the general diary mentioning the result of the search. This report in the general diary was treated as the first information report and was investigated by a police officer without any order from a Magistrate. After investigation the investigating officer submitted a report on the prescribed form to a Magistrate for prosecution of the applicant for the offences of Sections 3 and 4 of the Act. The Magistrate took cognizance of the offences on the report and started the applicants trial. On one of the dates,. e,, 14-3-1959, the prose- cution witnesses were absent and the public prosecutor conducting the prosecution applied for adjournment. The Magistrate adjourned the case to 6-4-1959, warning that if the witnesses were not produced on that date an order under sectio