( 1 ) WHEN Criminal Appeal No. 348 of 1959 is about to be taken up to consider whether it could be admitted, the learned Public Prosecutor contended that in regard to an appeal tiled by the Public Prosecutor under the direction of the State Government under Section 417 Cr. P. C. , this Court has no power to summarily dismiss an appeal, as it should be considered that right of the State to prefer an appeal could not be interfered with by the Court at the admission stage, but any appeal preferred by the Public Prosecutor under the direction of the State Government should be dismissed only on merits after notice to the accused. In support of this plea, the learned Public Prosecutor formulated the point under the following heads: (1) That Section 421 Cr. P. C. does not refer to Section 417 Cr. P. C. and the absence of mention of that section as well as Section 411 (A) Cr. P. C. in that provision makes it possible to contend that Section 421 does not apply to cases of appeal filed against acquittals; (2) That Section 419 Cr. P. C. is not in respect of filing of appeals by the Public Prosecutor under the direction of the State Government as even there, there is no mention of the "public

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