STATE OF GUJARAT Vs. BAI RANI

JUDGEMENT

(1.) Under sec. 417(3) Criminal Procedure Code an application for special leave to appeal to the High Court from an order of acquittal is to be filed within the period of 60 days from the date of the order of acquittal. The four applications for special leave to appeal from orders of acquittal were filed after the expiration of 78 days from the date of the orders of acquittal and prima facie they are barred under sub-section (4) of sec. 417 Cri. Pro. Code. But the learned counsel for the Municipality contends that he is entitled to the benefit of sec. 4 of the Indian Limitation Act and that the delay if any should be condoned under sec. 5 of the Limitation Act. He contends that the High Court was closed for vacation from 1/05/1950 to 12/06/1960 and that the applications were filed on the day on which the High Court reopened. But the notification announcing the closing of the High Court for the May vacation clearly states that the offence of the High Court would remain open for all criminal applications and for urgent civil applications. The High Court was therefore open during the vacation for filing criminal cases and applications and section 4 of the Indian Limitation Act would not apply. Section 5 of the Indian Limitation Act would also not apply because sec. 29 of the Indian Limitation Act provides as under:

(2.) It is therefore clear that where any special or local law prescribes for any suit appeal or application a period of limitation different from the period prescribed therefore by the first schedule only the provisions of sections 3 4 9 to 18 and 22 would apply but the remaining provisions of the Limitation Act including sec. 5 would not apply. This is also the view taken in Anjanabai v. Yashwantrao 63 Bom. L. R 98. The delay cannot therefore be condoned under sec. 5 of the Indian Limitation Act.

(3.) The applications for condoning delay are therefore rejected. The applications for special leave to appeal filed by the Municipality are therefore rejected as being barred by limitation. The four appeals filed by the State on 4-8-60 against the order of acquittal are also clearly barred by limitation as they were filed long after the expiration of the period of limitation.