K. SOMASEKHAR REDDY Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by the common order dated 06.06.2014 in Crl.M.P.Nos.123 of 2014 and 124 of 2014 in Crime No.9/RCA -TCD/ 2011 passed by the learned Judge, Special Court for trial of ACB cases in Rayalaseema Region at Kurnool, the respondents preferred the instant Criminal Appeals.

(2.) THE factual matrix of the case is thus:

(3.) THE main contention of learned counsel for appellants is that Limitation Act particularly Section 5 of the said Act will have no application to the proceedings before the Criminal Courts. Further, the Limitation Act and Section 5 of the said Act will have no application to the proceedings under the Criminal Law (Amendment) Ordinance, 1944 since the said Ordinance is a special law and it has not conferred power on Court to condone the delay in filing extension petition either under the provisions of the said Ordinance or under Section 5 of Limitation Act. It was argued that inspite of raising those crucial objections before the trial Court, it did not consider them but allowed the two petitions in its impugned order by relying upon the decision of the Apex Court reported in State of Tamil Nadu vs. N.Suresh Rajan which has no relevance to the context. He thus prayed to allow the two appeals and set aside the common order.