ORDER

Desai, J. - The opposite party filed a complaint u/s 500, Penal Code, against the applicant in the Court of the City Magistrate of Banaras, who, without issuing a process, dismissed it on 28th June 1947 on the ground that it was too vague, but, at the same time, expressly left it open to the opposite party to file a fresh complaint. Accordingly on 2nd september 1947 he filed a fresh complaint on the same facts and the City Magistrate transferred it for trial to the Court of Mr. J. D. Shah. Mr. J. D. Shah again dismissed the complaint on 19th September 1947 without issuing a process and without going into the merits. His order was erroneous on the face of it and the opposite party got it set aside by the learned Sessions Judge in revision. The complaint went back to Mr. Shah for disposal but it was transferred from his Court, to that of Mr. M. M. Krishana. Mr. Krishana fixed 8th July 1948, for hearing evidence u/s 202, Criminal P. C. On that date the opposite party was absent and the complaint was once more dismissed by Mr. Krishana u/s 203, Criminal P. C. On 27th July 1948, the opposite party again filed a fresh complaint on the same allegations in the Court of the City Magist