ABDUL ALI ABDUL RAHMAN Vs. JANNAT

JUDGEMENT

(1.) This is an application for permission to file an appeal against an order of acquittal. The order of acquittal is dated 22-8-1956. Under Sub-section (4) of Section 417, Cr. P. C., the period of limitation for filing an application for special leave is sixty days from the date of the order of acquittal. So the present application for leave is barred by time.

(2.) Mr. Sadiq Ali appearing for the complainant-applicant has urged that the provisions of Sub-sections (3) and (4) of Section 417, Cr. P. C., are unconstitutional inasmuch as they violate the principle of Article 14 which enunciates the principle of equality before law.

(3.) Formerly, appeals by private complainants against orders of acquittal were not permitted under the Code of Criminal Procedure at all. The provision for such appeals by private complainants is new. Formerly, only the State Government could file an appeal against an order of acquittal. This position remained for several years after the commencement of the Constitution. I am not aware of any decision, holding that, the provision of Sub-section (1) of Section 417, Cr. P. C. was unconstitutional on the ground that the section did not permit private complainants to file appeals against orders of acquittal.