1. This application under Sec. 417 (3) of the Code of Criminal Procedure for special leave to appeal against an order of acquittal arises in the following circumstances :

The petitioner applied before the Sub-Divisional Officer under Sec. 69 of the Bihar Tenancy Act for division of crops standing in some bhaoli lands. The Sub-Divisional Officer appointed a mukhtear as pleader -- Commissioner to divide the crops. The Commissioner reported that the opposite party obstructed him in dividing the crops. The petitioner then filed an application before the Sub-Divisional Officer, praying that he should file a complaint against the opposite party under Sec.195 of the Code of Criminal Procedure. The Sub-Divisional Officer, after satisfying himself, filed a complaint against the opposite party for an offence under Sec.186 of the Penal Code. The opposite party were accordingly put upon their trial and the trial Court convicted them of that offence. On appeal, however, the learned Sessions Judge of Monghyr has acquitted the opposite party.

2. Quite clearly, the complaint in this case was filed by the Sub-Divisional Officer, Sub-section (3) of Sec. 417 runs as follows:

"If such an order