Macpherson, J.@mdashI am of opinion that Section 147 gives mo no power to grant this application. The object in fact is to appeal against an acquittal. But Section 147 does not provide for such an appeal. It contemplates the transfer of a case before disposal, or interference on behalf of persons aggrieved or injured by an order of the Magistrate. But there was no intention to give power to interfere in order to set aside an acquittal. It'' it had been intended to give that remedy, it would, no doubt, have boon expressly given, as in the Criminal Procedure Code and in the Presidency Magistrates'' Act, IV of 1877. One section of the lattor Act (Section 181) really shows that Section 147 was intended to apply only whore there has boon a conviction, for it makes notice to the Government prosecutor necessary before an application can be made u/s 147.
2. Even, however, if I had the power to interfere, I would not exercise it in such a case as this.
