Judgment

RAMASWAMI, J.: On August 29, 1960, Shri Sham Sunder Mathur, Municipal prosecutor of the Delhi Municipal Corporation filed a complaint in the Court of Magistrate First Class against the respondent, Jagdishlal under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (37 of 1954). In the said complaint Shri Sham Sunder Mathur said that he was competent to file the complaint under Section 20 of the aforesaid Act in accordance with a resolution passed by the Corporation in its meeting held on December 23, 1958. By his order dated April 30, 1962 the learned Magistrate acquitted the respondent. The Delhi Municipal Corporation made an application to the High Court asking for special leave under Section 417 of the Code of Criminal Procedure to appeal against the order of acquittal. The application was granted on September 3, 1962. When the appeal came up for hearing a preliminary objection was raised on behalf of the respondent that the only person competent to file the appeal was the complainant, Shri Sham Sundar Mathur. But the leave application was not filed by him and, therefore, the Municipal Corporation was not competent to prosecute the appeal. It