1. This appeal is by special leave under S.417 (3), Crl. P.C., against an order of acquittal. P. W.1, claiming to be lessee of the property in dispute, complained that on March 16,1965, at 8 p. m., the accused formed themselves into an unlawful assembly, criminally trespassed into the property in his possession, and took away sedimental earth worth Rs. 100/-. The complaint that he filed before the Additional First-Class

Magistrate, Shertallai, on March 17,1965, was forwarded by the Magistrate to the Sub Inspector of Police, Muhamma, for investigation, under S.156 (3) of the Criminal Procedure Code. After investigation the Sub Inspector filed a charge-sheet against the accused, for offences under S.143, 447 and 379, I. P. C. The accused in their turn claimed themselves to be in possession as varamdars and P. W.1 to have never been in possession of the property. The Magistrate found possession not been proved with P. W.1 and therefore acquitted the accused. P. W.1 has come up in appeal against that order.

2. Counsel for the accused here pointed out that the case having been instituted on police report an appeal by P. W.1 is incompetent.

3. Under sub-section (1) of S.417, Cr