ORDER : This appeal has been preferred against the order passed by the High Court declining leave to file an appeal against the acquittal passed by the Magistrate. The case against the accused was under Section 353 and 332 IPC. The allegation was that on 6-10-1988 at 4.00 p.m accused trespassed into the office of the Assistant Superintendent, Sub-Jail, Kaithu in Himachal Pradesh and inflicted minor injuries on his face and hand. The learned Magistrate held that the incident happened near the gate of the jail and the Assistant Superintendent of Sub-Jail was not discharging his official duty and therefore the prosecution failed to prove the commission of offence by the accused under Section 353 and 332 IPC. Learned counsel for the State contended before us that leave should have been granted by the High Court. We went through the judgment of the Magistrate and we are satisfied that the High Court has rightly declined to grant leave to file the appeal. We find no reason to interfere. The appeal is accordingly dismissed.