1. Does an appeal lie under the Code of Criminal Procedure 1973 against an order of acquittal is a case instituted upon complaint? On the answer to this question depends the fate of this revision. If an appeal lies, no appeal having been brought the prohibition under S.401(4) of the Code of Criminal Procedure that no proceeding by way of revision shall be entertained at the instance of the party who could have appealed, will operate as a bar against this revision. Under Sub-section (4) of S.378 of the Code of Criminal Procedure, the High Court, on an application made by the complainant for special leave against an order of acquittal passed in a case instituted on complaint may grant special leave to appeal. On such special leave being granted the complainant may present such appeal to the High Court. Where, against an order of acquittal, the complainant does not seek special leave to appeal to the High Court but files a revision under S.397 of the Code of Criminal Procedure to the Court of Sessions is the revision barred by reason of sub-s. (4) of S.401 of the Code? That is the question I am called upon to answer here.

2. Without the aid of any precedents and on the plai