STATE OF UTTAR PRADESH Vs. MAHARAJA NARAIN

JUDGEMENT

(1.) In this appeal by certificate, the only question that arises for decision is as to the true scope of the expression "time requisite for obtaining a copy of the decree, sentence or order appealed from" found in sub-s. (2) of S. 12 of the Indian Limitation Act 1908 which will be hereinafter referred to as the Act. The said question arose for decision under the following circumstances: The respondents were tried for various offences before the learned Assistant Sessions Judge, Farrukhabad. The said learned Judge acquitted them. Against the order of acquittal the State went up in appeal to the High Court of Allahabad. The said appeal was dismissed as being barred by limitation. The correctness of that decision is in issue in this appeal.

(2.) Item 157 of the first schedule to the Act prescribes that the period of limitation for an appeal under the Code of Criminal Procedure 1898, from an order of acquittal is three months from the date of the order appealed from. But sub-s. (2) of S. 12 provides that in computing the period of limitation prescribed for an appeal the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the order appealed from shall be excluded.

(3.) The memorandum of appeal was filed into court on March 29, 1963. The order appealed from had been delivered on November 10, l962. According to the information contained in the copy of the order produced along with the said memorandum the appeal was within time. It showed that that copy was applied for on November 15, 1962 and the same was ready on January 3, 1963.