B. C. CHAKRABARTI, JITENDRA NATH CHAUDHURI, JJ.

( 1 ) THIS is an appeal against an order of acquittal passed by the Assistant Sessions judge, Murshibad in Sessions Trial No. 2 of February, 1975 acquitting the respondents 1 to 6 of charges under Section 120b read with Sections 467 and 429 of the Penal Code.

( 2 ) LEARNED advocates for the respondents took a preliminary objection to the maintainability of the appeal at the instance of the appellant. Their contention is that an appeal being a creature of the statute could only be preferred if there are adequate provisions in that behalf in the Code itself. Mr. Chakrabarty appearing on behalf of the State also supported the contention of the respondents. In this connection a reference was made to the provisions of Section 417, Sub-section (3) of the Old code of Criminal Procedure. There is no dispute that the case is governed by the provisions of the Old Code. Section 417 empowers the State Government to present an appeal from an original or appellate order of acquittal passed by any Court other than a High Court. Sub-section (3) is an exception which provides that if such an order of acquittal is passed in any case instituted upon co

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