- (1.)THE aforesaid three criminal appeals instituted by the Municipal Council, Jaipur, in cases relating to the Prevention of Food Adulteration Act, raise an identical point and are, therefore, being disposed of by this common judgment.
(2.)IN Criminal Appeals Nos. 91 of 1965 and 107 of 1965 Shri Shyam Beharilal saxena, President, Municipal Council, Jaipur, had made a complaint before the municipal Magistrate No. 2, First Class, Jaipur. In Criminal Appeal No. 417 of 19g5 the complaint was made before the Municipal Magistrate No. 2, Jaipur by Shri jagat T. Bhatia, President, Municipal Council, Jaipur. In all these three cases the accused were acquitted and the Municipal Council, Jaipur, after obtaining leave under Section 417 (3) of the Code of Criminal Procedure presented appeals against the acquittal.
(3.)LEARNED counsel appearing for the respondents raised a preliminary objection as to the maintainability of these appeals. They urged that an appeal against an acquittal is only competent by a complainant. Shri Shyambeharilal and Shri Jagat t. Bhatia were the complainants in these cases and they alone could have preferred appeals. The present appeals by the Municipal Council, Jaipur, are incompetent as they have not been filed by the complainant in each case.
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