- (1.) HEARD Mr B. K Kar, the learned Counsel for the petitioner. None appears for the respondent.
(2.) THIS application has been filed under section 378 (4) read with Section 482 of the code of Criminal Procedure, 1973 (for short cr PC') for granting Special Leave to prefer an appeal against the judgment and order dated 23. 8. 2004 passed by the Sub- Divisional judicial Magistrate, Jorhat (here inafter referred to as 'the learned Magistrate')in CR Case No. 270/03 acquitting the sole respondent from the charge under Section 417 IPC.
(3.) RELEVANT portion of Section 378 Cr PC reads as under: "378. Appeal in case of acquittal.- (1) (2 ). . . . . . . . . . . . . . . . . (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) 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. (5 ). . . . . . . . . . . . . . . . . . . (6 ). . . . . . . . . . . . . . . . . . ";