STATE Vs. PYARE LAL NEHRU

JUDGEMENT

(1.) Pyare Lal Nehru and Satya Narain Gupta were committed to the Court of Session, on charges under sections 408, 467, 471 and 477-A read with section 34 of the Indian Penal Code, and trial against them was commenced by an Additional Sessions Judge. During the trial Satya Narain Gupta died. After trying Pyare Lal Nehru be was acquitted of all the charges on August 27, 1974. From the order of acquittal an appeal was presented in this Court on behalf of State. On December 17, 1974, along with an application under section 378 [3] of the Code of Criminal Procedure, 1973 [hereinafter referred to as "the New Code"] for the appeal being entertained. The said application was allowed on January 22, 1975 and the leave asked for was granted.

(2.) On March 25, 1975 Pyare Lal Nehru, the respondent in the appeal, submitted a petition for revoking the order by which leave to appeal was granted. It was stated in the petition that the application under sub-section [3] of section 378 of the New Code was filed beyond limitation so the leave granted by the Court on January 22, 1975 may be withdrawn. [In paras 3 & 4, S. 378 of New Code and S. 417 of Old Code are reproduced].

(3.) The contention raised by the learned counsel for the respondent is that sub-section [1] of section 378 of the New Code being subject to the provisions of sub-sections [3] and [5] of that section and as sub-section [5] provides a limitation of sixty days in every case other than a case where the complainant is a public servant, so the application under sub-section [3] could not be entertained after the expiry of sixty days computed from the date of the order of acquittal. It was further urged that the words ''in every other case", as appearing in sub-section [5] of section 378, even cover cases not instituted upon complaint. As the application under sub-section [3] of section 378 was made, excluding the time requisite for obtaining a copy of the order of acquittal, on the eighty ninth day it was stated to have been presented after the limitation had expired.