FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment ): This is an appeal by the Acting Director of Public Prosecutions, (Benue-Plateau State), as applicant, against the order of Belgore, J., made in the Jos High Court on 19th February, 1974, in which he refused the application, made by the Acting Director of Public Prosecutions on behalf of the Attorney-General of the State for leave to prefer two criminal charges against the respondent. The application, made ex parte, was made under the provisions of section 185(b) of the Criminal Procedure Code of the Northern States and the two charges in respect of which the leave was sought are as follows:
"1st Head of Charge: That you, Samson Gali, on or about the 9th day of May, 1968 at Jos in the Benue-Plateau State Judicial Division dishonestly misappropriated the sum of eighty pounds (N160.00) property of Lawrence Nwagbo and thereby committed an offence punishable under section 309 of the Penal Code.
2nd Head of Charge: That on or about …