STATE OF GUJARAT Vs. HAJI MAHOMED HAJI ABDERAHIM
LAWS(GJH)-1960-9-14
HIGH COURT OF GUJARAT
Decided on September 29,1960

STATE OF GUJARAT Appellant
VERSUS
HAJI MAHOMED HAJI ABDERAHIM Respondents

JUDGEMENT

N.M.MIABHOY - (1.)This is an acquittal appeal by the State. The appeal is directed against the order dated 1-12-1959 passed under section 247 Criminal Procedure Code by the learned Judicial Magistrate First Class Rajpipla acquitting respondent No. 1 Haji Mahomed Hussein Haji Abderahim (hereafter called the respondent) of the offence under sections 96(5) and 155 of the Bombay District Municipal Act 1901 (hereafter called the (Act). The complainant in the proceedings in which the acquittal order was passed was the Secretary of the Rajpipla District Municipality. The complainant has also filed against the aforesaid order of acquittal Criminal Application No. 35 of 1960 in which an order was passed by a Division Bench of the then Bombay High Court that the same be heard along with this criminal appeal which was in that Court numbered as Criminal Appeal No. 266 of 1960.
(2.)Mr. Desai the learned Counsel for the respondent has raised a preliminary objection and before dealing with the merits of the appeal we propose to deal with that objection. The objection was that the State had no right to prefer an appeal from the impugned order of acquittal. The argument in support of this contention was built upon a three tiered submission which was founded upon section 5(2) of the Code of Criminal Procedure and section 161 of the Act. It was contended that because of these two provisions the general right of preferring an appeal from an order of acquittal conferred upon the State by section 417 of the Criminal Procedure Code did not apply. Section 5(1) of the Criminal Procedure Code provides that all offences under the Indian Penal Code shall be investigated inquired into tried and otherwise dealt with according to the provisions contained in the Criminal Procedure Code Section 5(2) of the Code is as follows :
(3.)All offences under any other law shall be investigated inquired into tried and otherwise dealt with according to the same provisions but subject to any enactment for the time being in force regulating the manner or place of investigating inquiring into trying or otherwise dealing with such offences.
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