RADHAKRISHNAN, J.

All these petitions are filed under Section 378(3) of the Code of Criminal Procedure by the State of Kerala for leave of this Court to file criminal appeals against the order of acquittal. The State filed leave petitions since this Court passed order on 5-1-2000 in Criminal Appeal 919 of 1999 ordering that an appeal preferred by the State can be treated as an appeal in terms of Section 378(3), Cr. P.C. only if leave is granted by this Court. We may extract the order of this Court for easy reference :

"We find that in terms of Section 378(3), Cr. P.C. leave has to be obtained of the Court where an appeal in terms of sub-section (1) or (2) is filed against an order of acquittal. Obviously a separate petition has to be filed seeking leave of the High Court and until that leave is granted the appeal preferred cannot be treated to be an appeal in terms of Section 378(3), Cr. P.C. Learned counsel for the State submits that a separate petition shall be filed in this regard. Call next week.

2. If an application for grant of leave is filed by the State the same shall be registered as Crl. M.C."

Learned Public Prosecutor submitted that State need not file a separ