(1.) CRLA.MP(SR).No.16440 of 2004 in Crl.A(SR).No.16438 of 2004 is preferred praying for leave to file an appeal as against an acquittal, along with an application in Crl.MP.No.6156 of 2004 seeking condonation of delay under Section 5 of the Limitation Act.
(2.) Likewise, Crl.M.P.No.4642 of 2004 in Crl.A(SR).No.18604 of 2003 is filed by the Public Prosecutor, High Court of A.P. Hyderabad, with an application seeking condonation of delay of 213 days in presenting the appeal. Section 378 of the Code of Criminal Procedure reads as hereunder:
(3.) In the light of sub-section (1) of Section 378 and also Sub-sections (4) and (5) of Section 378 of the Code of Criminal Procedure 1973 (hereinafter in short referred as Code for the purpose of convenience) especially in the light of the language employed in Sub-Section (5) of Section 378 of the Code, which reads as hereunder: shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant and sixty days in every other case, computed from the date of that order of acquittal. This Court felt the necessity of hearing the learned Counsel on record and also the learned Advocate General and the President of High Court Advocates Association and in view of the importance of the question, general importance of the question involved relating to the applicability or otherwise of Section 5 of the Limitation Act, 1963, to such cases, a request also was made to the learned Senior Counsel, Sri. C. Padmanabha Reddy to assist the Court as Amicus Curiae in this regard. All the Counsel were heard at length.
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