CHHANGANI, J.—This is an appeal by Mst. Dhani on leave granted under sec. 417 sub-sec. (3), Criminal P.C. by this Court, against the order of the First Class Magistrate No. 1, Jodhpur, acquitting the respondent Mst. Gopi of an offence under sec. 323, Indian Penal Code.

2. The respondent has raised a preliminary objection that the appellant was not entitled to the grant of special leave under sec. 417 sub-sec. (3), Criminal P.C. and consequently, she urges that the leave should be revoked and the appeal be dismissed.

3. In appreciating the preliminary objection, it is necessary to set out the following facts—

Appellant filed a complaint against the respondent under sec. 325, Indian Penal Code. The case was, however, registered under sec. Indian Penal Code. On 28th May, 1962 the appellant remained absent and the Magistrate acting under sec. 247, Criminal P.C. acquitted the respondent. The appellant applied for a copy of the order of the Magistrate acquitting the respondent on 27.7.1962 and obtained it on 28.7.1962. Thereafter, he submitted a revision application in this Court on 1.9.1962 challenging the order of acquittal. It was, however, reported by office that the revision did not li

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