M. Hidayatullah, .J. - (1.) THIS is an appeal by special leave against the judgment and order of the High Court of Mysore dated November 28, 1966 in Misc. Criminal Petition No. 610 of 1966. By that order the High Court held that the present appellant Bhimappa had no locus -standi to invoke Section 417(3) of the CrPC and to ask for special leave to file an appeal against the acquittal of the respondent. The appellant questions the correctness of the order.
(2.) BHIMAPPA (appellant) had a house at Athni, Taluka Belgaum District. It stood in the name of his eldest son and his two other sons lived in one part of the house and the other part was let out to the first respondent Laxman who ran a boarding house and also lived there with his wife and children and his mistress Champevva, the second respondent. No rent was fixed but the sons of Bhimappa used to have their meals with respondents Nos. 1 and 2. Bhimappa asked his tenant to vacate the house as he wanted to reside in it himself and his son Yamanappa (P.W. 14) wanted space for a godown for 400 bags of groundnut purchased by him. The first respondent was asked to vacate a portion of the house but was reluctant. It is not necessary to give the details of what happened further. Suffice it to say that the house was set on fire to cause loss to Bhimappa. All efforts to save the house failed and it was burnt down. Yamanappa then filed a report in the police station. The police arrested respondents Nos. 1 and 2 and submitted a charge sheet against them in the court of Junior Magistrate, Athni.
(3.) BHIMAPPA was dissatisfied that the police had not prosecuted Mallappa, respondent No. 3 also and he filed a complaint against him in the same court. The magistrate inquired into the two cases together and finding a prima facie case established committed the first two respondents and the third respondent separately to the Court of Sessions. The three respondents asked that the two cases be consolidated and a combined charge be framed in the case. The two sessions cases were numbered as Sessions Trials Nos. 79 -80 of 1965. They were tried together and the Sessions Judge, Belgaum by his judgment, July 13, 1966 held the respondents not guilty and acquitted them.;