1956 (6) TMI 16

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.... Nagamangala Taluk against the judgment 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-complai....

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....petition under Section 439, Criminal P.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 ....

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....rred. 4. It was argued by the learned Counsel for the petitioner 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 no....

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....to the High Court from an original 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 ....