ORDER :- There are two grounds on which this revision proceeding by the Nagarcoil municipality represented by its Commissioner, seeking to assail the propriety of an acquittal of the respondent under Section 175 read with S. 313 of the Madras District Municipalities Act, will have to fail. The first is the ground of the maintainability of a revision from acquittal of this character, and it is governed by the juxtaposition of the respective spheres of operation of S. 439(5) Crl. P.C. and S. 417(3) Cr. P.C. Under Section 417(3) Cr. P.C., if an order of acquittal is passed in any case instituted on complaint, the complainant, if he desires to further prosecute his remedy in respect of such an order of acquittal of the accused, will have to apply to the High Court for special leave to appeal. Under Section 439(5) Crl. P.C., where a remedy, by way of an appeal from acquittal is provided for, and no such appeal is brought, the party who could have appealed is barred from prosecuting a

remedy by way of revision.

2. In the present case, admittedly, leave was not obtained under S. 417(3) Cr. P.C. and this is not an appeal from the acquittal of the respondent The argument on maintaina