Sahgal, J. - (1.)THE appellant who is a life member of the Shyam Lal Gupta Higher Secondary School, Nawabganj in the District of Unnao lodged a complaint against the respondent who was the Principal of that institution, in the court of a Magistrate for an offence under Section 408 I.P.C. The Magistrate in the beginning wanted to try the case as a warrant case, but later on he thought it fit to commit the accused to stand his trial before the court of session. The accused was accordingly committed to the court of session and the Sessions Judge transferred the case to the court of the Assistant Sessions Judge who has acquitted the respondent. It is in these circumstances that the appellant came to this Court and moved an application under Section 417(3) Cr. P.C. for special leave to appeal from the order of acquittal. The leave having been granted, this appeal was filed which has been admitted and that is how it comes up before the Court for hearing.
(2.)A preliminary point was raised on behalf of the respondent that the appeal was not maintainable and that the provisions of Subsection (3) of Section 417 Cr. P.C. did not apply to the case. Having heard the learned counsel, we overruled the preliminary objection and ordered the case to be beard on the merits. We now proceed to give our reasons for doing so.
Sub-section (3) of Section 417 Cr. P.C. reads: --

"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."

(3.)OUR attention also was drawn to Sub-section (1) of Section 417 which provides, in so far as it is relevant, that 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.