MUNICIPAL CORPORATION OF DELHI Vs. MAHABIR

JUDGEMENT

(1.) A preliminary objection taken on behalf of the respondents in these six appeals is that these are barred by limitation. The Municipal Corporation of Delhi (for short the Corporation) had filed six complaints against the respondents for an offence under Section 332 of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as the Act.)

(2.) After trial the respondents in each case were acquitted. The Corporation at that time was of the view that the applications seeking special leave to appeal from the orders of acquittal could be filed within six months computed from the date of order of acquittal. The preliminary objection taken is that the limitation provided under Section 378(5) of the Code of Criminal Procedure for filing an application seeking special leave is sixty days and thus the appeals are barred by limlitation. The said sub-section reads as follows:

(3.) As we have noticed, the complaints were filed by the Corporation. The fact is not being disputed by the counsel for the appellant. On a bare reading of the above quoted provision it is to be held that the applications in each of the above cases were to be filed within sixty days of the order of acquittal.