Appeals against acquittal under Section 417(1) of the Criminal Procedure Code must be preferred by the direction of the State Government and by a Public Prosecutor. Strict compliance with the statutory provisions is required.

J.N. Datta, J.

[1] This order governs this appeal and also Criminal Appeal No. 29 of 1956, both- of which are appeals against orders of acquittal, and have been preferred in the name of the Union Territory of Tripper (i.e, by the Government) under Section 417 (1) of the Criminal Procedure Code. This appeal arises out of a Sessions trial involving charges under Section 302 and some other sections of the IPC while the other appeal arises out of a case tried by a Magistrate of the left class for an offence under Section 403, IPC

[2] A preliminary objection has been taken to the competency of both the appeals, and that objection consists of two points:

i) That there was no direction by the State Government as required by Section 417 (1) of the Criminal Procedure Code.

ii) That they have not been preferred by a Public Prosecutor as required by the said Sub-section of Section 417.

[3] It is an admitted fact that the powers of a State Government under Section 417(1) have been vested in the Chief Commissioner of this Territory, and he is competent to give the direction under that subsection. It is also an admitted fact that the Judicial Secretary of the Administration of Tripura has not been appointed a Public Prosecutor under Section 492 of the Criminal Procedure Code. In fact it was admitted before me that the Government Advocate of this Territory is the only person, who has been appointed the Public Prosecutor in this Territory.

[4] This appeal was preferred by Shri M. C. Das, an advocate of this Court, on the authority of a letter from the Judicial Secretary, which is reproduced below:

No. F. 2 (2)-J/55, Tripura Administration. Judicial Department.

Agartala, the 14th February, 1957

MEMORANDUM

Subject: Preferring an appeal against the order of the acquittal of the accused persons passed by the District and Sessions' Judge, Tripura in connexion with Chandrapur Murder case.

Sarvashree Mahim Chandra Das, B. L., and Nagendra Chandra Talapatra, B. L., Advocate Agartala are hereby appointed to preferi and conduct an appeal against the order passed by the District and Sessions Judge, Tripura in the above mentioned case in the Court of the Judicial Commissioner, Tripura, on behalf of the Administration. The dates of the case may be ascertained from the Court.

2. They may be allowed the scale of fees sanctioned: vide Government of India, Late Ministry of States, letter No. F. 44 (3)-J/53 dated the 3rd July, 1953.

[5] It will be thus seen that the letter does mot appoint any of the Advocates, whose names are mentioned in it as Public Prosecutor nor does it say that the direction was given by the Chief Commissioner. The Memorandum is also not expressed to be signed by the order of the Chief Commissioner, from which it could be implied that the order was passed by the Chief Commissioner. It might be mentioned here, that Shri Talapatra the other Advocate, who was also appointed by that Memorandum refused to accept the brief and did not therefore appear in this Court on behalf of the Appellant, and the Government Advocate came in at a later stage.

[6] After the objection to the competency of the appeal was raised, a copy of a letter addressed to the Advocate Shri M. C. Das was received, which is in these terms:

TRIPJRA ADMINISTRATION JUDICIAL DEPARTMENT.

No. F. 2(3)-J/55. Dated, Agartala 5-8-1957.

Subject: Preferring an appeal against the order of the acquittal of the accused persons passed by the District and Sessions Judge, Tripura in connection with Chandrapur murder case (now criminal appeal No. 4 of 1957 in the Court of the Judicial Commissioner).

In reply to his verbal query Shri Mahim Chandra Das, B. L., Advocate appointed through this Administration's letter of even number dated the 14th February, 1957 is hereby, informed that his appointment -to prefer and conduct the aforementioned appeal against the order of acquittal passed by the District and Sessions Judge, Tripura in connection with Chandrapur murder case was under the directions or the