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 n