BALAKRISHNAN NAMBIAR Vs. GOPALAN NAMBIAR

JUDGEMENT

(1.) Crl. M.P. 271 of 1959 is an application under S.417(3), CrlPC., for special leave to appeal from an order of acquittal, and there having been a delay of two days in making it, Crl. M.P. 277 of 1959 was filed under S.5 of the Indian Limitation Act, or shortly the Act, to condone the delay. The latter has been referred to a Division Bench for decision, raising the question: Whether S.5 of the Act can apply to an application under S.417(3).

(2.) S.417(4), CrlPC. provides that:

(3.) It may now be considered, whether S.417(4), CrlPC. at least impliedly, if not expressly, excludes the operation of S.5 of the Act. A cursory reading of S.417(4), CrlPC. may perhaps suggest, that no application for special leave to appeal can ever be entertained, after the expiry of sixty days from the date of the order of acquittal. So too the language of S.48 of the Civil Procedure Code appears to exclude the operation of the provisions of the Act extending the period of limitation, because it enacts that: