Anil K. Sen, J.:- A point of some importance as to maintainability of certain appeals presented by the State under S. 378 (1), of the Code of Criminal Procedure, 1973, (hereinafter referred to as the new Code) having arisen for consideration at the earliest stage of granting the necessary leave under S. 378 (3) of the said Code, we have heard it as a preliminary issue in the above appeal. Such a point has arisen in this particular case under the following circumstances. he two respondents were tried on a charge under S. 302/109, I. P. C. by the learned Sessions Judge, Purulia, in Sessions Trial No. 24 of 1976 and were acquitted. The State felt, aggrieved by the said order of acquittal and has preferred the above appeal. The appeal has been filed by the Superintendent Remembrancer of Legal Affairs (hereinafter referred to as the L. R) on behalf of the State. The petition of appeal has been signed by one Shri Dilip Mitra, who, we are told, is the Special Legal Remembrancer ex officio Spl. Secretary, Judicial Department of the State Government: Obviously in presenting the above appeal Shri Mitra was purporting to act as the L. R. and such, the ex officio Public Prosecutor m