Ramratna Singh, J.

1. This is an appeal under Sec. 417 (3) of the Code of Criminal Procedure by a complainant against an order of acquittal passed under Sec.247 of the Code.

2. The respondent was the Mutawalli or trustee of a Sunni Waqf property. All such waqfs are, since the enactment of the Bihar Waqf Act, 1947, under the control of a body known as Bihar Subai Sunni Majlis-E-Awaqf, presided over by a person known as Sadar. There is a provision in the Act for the prosecution of a trustee for his failure to furnish accounts to the Majlis in respect of the waqf property in his charge.

It is said that the respondent failed, in spita of the orders of the Sadar, to furnish the accounts or a report about the affairs of the waqf estate and to carry out other orders in respect of the samp. For this failure, an official of the Majlis, called Nazir, filed a complaint with the authority of the Sadar in writing as contemplated by Sec. 66 (1) of the said Act. The respondent appeared and contested the allegations made against him.

3. The case has a chequered career. A complaint was filed on the 3rd November, 1953. There are petitions before the Sessions Judge and the High Court on diffe