SONI, J. ( 1 ) ). This Revision Application is directed against the judgment and order dated 19-6-1990 passed by the learned Fourth Joint Civil Judge and Judicial magistrate First Class (Ahmedabad Rural) Mirzapur in Misc. Criminal Application no. 2 of 1989 filed by the petitioner (original complainant) in Criminal Case no. 152 of 1987 for setting aside the order dismissing his complaint for default in appearance on 19-8-1990 when the complainant was called out. ( 2 ) ). Heard the petitioner who is present in person and the learned A. P. P. Shri M. A. Bukhari for respondent No. 1. Advocates for respondent Nos. 2 and 3 are absent. ( 3 ) ). Short question that arises in this petition is whether a Court has jurisdiction to proceed with and to pass an order in the matter when the proceedings of that matter is statyed more particularly by the High Court. ( 4 ) ). To appreciate this contention, it is necessary to refer to certain facts of the present case. The petitioner had filed one complaint under Secs. 392, 325, 504, 506 (2), 420 and 500 of Indian Penal Code against the present respondents nos. 2 and 3 and other three. Said complaint was filed on 7-2-1987. After verifying the complaint the learned Judicial Magistrate, First Class, Second Court at Narol (Ahmedabad Rural) issued bailable warrant for offences under Secs. 392, 325, 504, 506 (2), 420 and 500 of Indian Penal Code. Said other three accused being aggrieved, filed Misc. Criminal Application No. 484 of 1987 to quash that process and in the complaint filed against them. In that Misc. Criminal application No. 484 of 1987, this Court (Coram : I. C. Bhatt, J.) passed the following order : "rule returnable on 13-4-1987. Mr. S. P. Dave waives service of rule. Ad interim relief in terms of para 12 (c)". Para 12 (c) reads as under :"pending final hearing of this petition, ad interim order be made staying further proceedings in the case No 152 of 1987 in the Judicial Magistrate, First Class, ahmedabad (Rural) Court No. 2, Narol. "this means that the further proceedings of Criminal Case No. 152 of 1987 pending in the Court of Judicial Magistrate, First Class, (Ahmedabad Rural) at narol is stayed. Thus, by the order of this Court dated 25-3-1992, further proceedings in the Criminal Case No. 152 of 1987 was stayed. "this means that the further proceedings of Criminal Case No. 152 of 1987 pending in the Court of Judicial Magistrate, First Class, (Ahmedabad Rural) at narol is stayed. Thus, by the order of this Court dated 25-3-1992, further proceedings in the Criminal Case No. 152 of 1987 was stayed. The said Misc. Criminal Application No. 484 of 1987 was finally heard and disposed of by this Court (Coram : D. C. Gheewala, J.) on 9-9-1988 and the said Misc. Criminal application was allowed and the complaint against original accused Nos. 3, 4 and 5 only was quashed. Original accused Nos. 3, 4 and 5 were petitioners nos. 1, 2 and 3 in that Misc. Criminal Application No. 484 of 1987. ( 5 ) ). In view of the interim order passed on 25-3-1987 in Misc. Criminal application No. 484 of 1987, learned Magistrate was not authorised or had no jurisdiction to proceed in the matter of Criminal Case No. 152 of 1987 till the disposal of the said Misc. Criminal Application. Said Misc. Criminal application was disposed of on 9-9-1988. Thus from 25-3-1988 till 9-9-1988 learned Judicial Magistrate, First Class had no authority or jurisdiction to proceed with the complaint on his file. It can be said that his jurisdiction to proceed in the matter was suspended. It will also be relevant to state that in view of the stay of further proceedings granted by this Court, complainant was not required to remain present in the Court of the Judicial Magistrate first Class. Thus, the learned Judicial Magistrate, First Class was not entitled to proceed in the matter and when the complainant was not liable to remain present, then his matter, i e. , criminal complaint cannot be called out, and on marking his absence complaint cannot be dismissed. In my opinion, this order of dismissal is without jurisdiction and is nullity and is required to be ignored. It is therefore required to be corrected. Learned Judicial Magistrate, first Class has thus acted without jurisdiction in dismissing the complaint of the complainant and that order is a nullity order, required to be corrected by this Court. ( 6 ) ). In the result revision application is liable to be allowed. However, in view of the order passed by this Court in Misc. Criminal Application allowing and quashing the complaint against the accused Nos. ( 6 ) ). In the result revision application is liable to be allowed. However, in view of the order passed by this Court in Misc. Criminal Application allowing and quashing the complaint against the accused Nos. 3, 4 and 5 and in view of the fact that the appeal is pending before the Honourable Supreme Court as stated by the petitioner, the complaint is required to be restored on file only against the accused Nos. 1 and 2 and not the other accused Nos. 3, 4 and 5. ( 7 ) ). In view of the above discussion, the revision application is allowed and the Criminal Case No. 152 of 1987 on the file of the Judicial Magistrate, first Class (Ahmedabad Rural) at Narol now at Mirzapur is ordered to be restored on file and is ordered to proceed further in accordance with law from the stage from where it was stayed against the accused Nos. 1 and 2 only. Rule made absolute accordingly. .