Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ---S. 417-Appeal against acquittal--Old and new sections, comparison of Right of Provincial Government to file appeal against order of acquittal passed in a case of private complaint, held, intact.-[Appeal against acquittal]. The comparison of the old and new section 417 would show that whatever the right of appeal against the acquittal was given to the Provincial Government by the original law it has not been curtailed. Rather it has been enlarged by the addition of the words "in any case". It is now well settled that under the old section 417 of the Code of Criminal Procedure, the Provincial Government was empowered to prefer an appeal against the orders of acquittal in State cases as well as in the cases of private complainants. The new section does not curtail the powers of the Provincial Government for moving the High Court in appeal against the order of acquittal. Rather it by addition of the words "in any case" enlarges this power to cover all types of State case arising out of either Provincial statutes or Federal statutes or out of private complaints. This power is, of course, subject to the provisions of subsection (4) of section 417. This being the only curtailment of the powers of the Provincial Government, the right of the said Government under section 417 of the Code of Criminal Procedure to file an appeal against the order of acquittal passed in a case of private complaint is kept intact. In pre-amendment state of law a complainant had no right to invoke the Appellate jurisdiction of the High Court without invoking the Provincial Government for filing an appeal under section 417, Cr. P. C. The amendment in the form of subsection (2) of section 417, Cr. P. C. is nothing but the conferment of the right on a citizen to move the High Court directly for the grant of Special Leave to Appeal against the order of acquittal passed in a complaint case. Subsection (2), therefore, is not a disabling provision of law in respect of subsection (1) rather it is an enabling provision which while not taking away the right of the Provincial Government to move the High Court in an appeal against the order of acquittal,…

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