9911796707
TMI Blog1956 (6) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... a, 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-accused had built a shed in site No. 51 without obtaini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 this behalf, grants special leave to appeal f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g 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 the party either to file an appeal or a revision petition. In view of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh 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 in Sub-section (1) of Section 417 is an order of acquittal of the original or the appellat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
