RAGHUBAR DAYAL, J.

( 1 ) MOTI Lal filed a complaint for various offences against Bhagwan Sahai. The complaint was dismissed for default of the complainant in appearing before the Court, presumably on 22nd may, and the accused were discharged. On the same day the complainant filed a second complaint. The learned Magistrate proceeded against the accused on that complaint. All the accused put in appearance on 29-8-1950. The learned Magistrate ordered for the recording of evidence. That day an application was filed on behalf of the complainant praying that the complainant had put in an application for the restoration of the case on the same day on which the previous case had been disposed of and that there was good cause for the delay, that according to law as enunciated in In re Wasudeo Narayan, A. I. R. 1950 Born. 10, there was no necessity for any fresh trial and that the case be taken up after the stage when the order of dismissal was passed. The learned Magistrate accepted this application on 6th September and ordered as prayed. It is against this order that the accused has come up in revision his contention being that there was no provision in criminal law for reviving a complain

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