RAM SINGH Vs. MAHARAJ SINGH AND OTHERS

JUDGEMENT

(1.) THIS is an appeal against acquittal which has come up after obtaining special leave on 10th of July, 1963, under the provisions of Section 417(3), Code of Criminal Procedure. An order condoning the delay in making the application for special leave to appeal had to be passed on 11th February, 1963 as the application for special leave was made beyond time.

(2.) AN application for special leave has to be made within 60 days from the date of the order of acquittal. Section 417(4) is very clear and categorical that no application under Section 417(3) shall be entertained by the High Court after the expiry of 60 days from the order of acquittal. But, a Full Bench of this Court had held, in Rajjan Lal v. State (1) (1960 AWR 535), that this period could be extended by applying Section 5 of the Limitation Act. When, however, the question came up before the Supreme Court of India, their Lordships of the Supreme Court were pleased to hold, in Kaushalya Rani v. Gopal Singh (?) (1964 AWR 454 SC), overruling the view taken in the above mentioned Full Bench decision and approving an earlier Division Bench authority of this Court in Mohd. Ibrahim v. Gopilal (5) (1958 AWR 524), that the express provisions of Section 417(4) constitute a "special law" which must prevail over the general law laid down in Section 5 of the Limitation Act. Their Lordships held at p., 457 Col. 2:

(3.) ON the other hand, Mr. Ramesh Sharma relies on the principle laid down in Pearev Lal v. Solu Gir (4) (1945 AWR 246) by Malik, J. where His Lordship observed: