1. - The following questions of law required consideration in the present petition which has been filed under Section 482 Cr. P.C. :

(i) What is the effect of death of the complainant in a summons-case.

(ii) Whether an order of acquittal passed under section 256(1) Code of Criminal Procedure can be challenged in a petition filed under Section 482 Cr. P.C.?

2. The circumstances under which these questions have arisen for consideration may be narrated.

3. One Ram Chandra filed a complaint against accused non-petitioners in the court of Additional Chief Judicial Magistrate, Deeg with the allegations that they (accused petitioners) entered in his plot at 10.00 P.M. on July 20, 1985 and took away woods and stones valuing Rs. 1100/- in all. This complaint was filed on July 31, 1985.

4. After taking cognizance on the complaint, the learned Magistrate recorded the statement of the complainant Ram Chandra and other witnesses under sections 200 and 202 Cr. P.C. and thereafter vide order dated 12-9-1985 issued process against all 12 accused non-petitioners for the offence under sections 147, 447 and 427 I.P.C. On the next date, all the accused persons appeared in the above court of the M