Short Note : 1. During the trial of the complaint instituted by the complainant Daula, charges were framed against the accused on 7-6-1974. Thereafter when at the stage of the complainant's witnesses were recalled for cross-examination after charge, the complainant and his witnesses remained absent on 27-8-1974. The learned trial Judge dismissed the complaint on account of the Lon-appearance of the complainant and his witnesses. Held: On a perusal of the trial Court's record, it is clear that the case was not fixed for evidence before charge but was fixed for cross-examination of the complainant's witnesses after charge. In these circumstances the complaint could not be dismissed under section 259 of the Code of Criminal Procedure, 1898. Revision allowed.