DULAN DAYAL SINGH Vs. PRASADI

JUDGEMENT

(1.) This is an application under Section 417, Sub-section (3) Criminal P. C., as in force from 1-1-1956, in view of the Central Government Notification No. 1/11/ 55- Judl (R), dated 1-12-1955, published in India Gazette, dated 10-12-1955.

(2.) Dulan Dayal Singh's complaint was dismissed and the accused were acquitted of the various offences by a Magistrate I Class Faizabad, on 31-10-1955. He filed this application for leave to appeal on 25-1-1956. The application would be in time in case the applicant was given the benefit of Section 12, Limitation Act.

(3.) The learned single Judge referred a point for decision to this Bench, and the point formulated by him is: "Whether the right given by Section 417(3), Cr. P. C., would apply to cases filed in which the proceedings in the Magistrate's Court are started before the Act came into force or would apply only to those cases which are initiated after the coming in of this Act." Another application under Section 417(3), Criminal P. C., instituted by Kedar Nath Bhargava has also been referred to this Bench by the learned single Judge. Kedar Nath Bhargava seeks leave to ap peal against an order of acquittal, dated 17-1-1956, in the case instituted on his complaint prior to 1-1-1956.