( 1 ) LALA Dhanpat Rai and three other applicants have come up in revision before this court praying that complaint pending against them be dismissed and they be acquitted.

( 2 ) THE facts of the case are as follows : The four applicants are being prosecuted under Section 9 (2) of the U. P. Entertainment and Betting Tax Act, 1937, in the Court of the Sub-Divisional magistrate, Lucknow. This complaint is filed as required by law by the District Magistrate lucknow who is a public servant. Summonses were issued to the applicants. When the case came before the Sub-Divisional Magistrate, Lucknow and they appeared on differtent dates before him the District Magistrate who was the complainant in this case did not personally attend the Court of the Sub-Divisional Magistrate on any of the hearings. On 4-6-1958, which was one of the dates fixed for the hearing of this case an application was given by the applicants that the case against them should be dismissed and they should be acquitted under the provisions of Section 247 of the Code of Criminal Procedure. It was contended by them that the complainant was absent and therefore they are entitled to an acquittal under the pro