RAJA RAM Vs. RAM ACHAL

JUDGEMENT

(1.) This appeal purports to be under Section 417(3) Cr. P. C. and has been filed by Raja Ram, who had made an application under Section 476 Cr. P. C. to the Consolidation Officer for filing a complaint under Section 195(i) (c) Cr. P. C, against Ram Achal respondent on the allegation that he had committed an offence punishable under Section 471 I. P. C. The Consolidation Officer filed a complaint against the respondent Ram Achal before a Magistrate, who convicted and sentenced the aforesaid respondent under Section 471 of the I. P. C. by his judgment dated the 21st of March, 1959. The sentence awarded was one year's R. I. Ram Achal filed an appeal before the learned Sessions Judge, Faizabad, who allowed it and acquitted Ham Achal on the 16th December, 1959 whereupon Raja Ram filed the present appeal.

(2.) A preliminary objection has been taken about the maintainability of the appeal on the ground that Raja Ram cannot be comprehended in the word 'complainant' occurring in Section 417(3) Cr. P. C. Section 417 so far as is relevant for our purposes reads as follows : "417(1) Subject to the provisions of Sub-section (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court. ..................................................................

(3.) "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 from the order of acquittal, the complainant may present such an appeal to the High Court......"