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TMI Blog1956 (6) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment of the learned First Class Magistrate, Mandya, in Criminal Appeal No. 7 of 1955, setting aside the conviction of the respondent-accused under Section 168 (1) (a), Mysore Village Panchayats and District Boards Act and the sentence of fine passed on him by the Amildar-Magistrate, Nagamangala, in C. C. No. 4 of 1955-56. 2. The case for the petitioner-complainant was that the respondent-accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C. is competent against an order of acquittal. It seems to me that this revision petition is not maintainable. Under Section 417 (3) of the amended Criminal P.C. an appeal against an order of acquittal is provided. Section 417 (3) runs as follows: If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner that the word "may" appearing in Sub-section (3) of Section 417 after the word "complainant" gives him an option either to file an appeal or a revision petition. This is not a correct interpretation of the word "may". We have to understand the said word "may" as giving an option to the party either to file an appeal or not, and not a discretion to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inal or appellate order of acquittal passed by any Court other than a High Court. In Sub-sections (2) and (3) of Section 417 the word "such" is used with reference to an order of acquittal. The words "such an order of acquittal" appearing in Sub-section (3) can only refer to the order of acquittal mentioned in Sub-section (1) of Section 417. The order of acquittal referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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