SUNIL KUMAR MANNA Vs. GAFFAR MOLLA

JUDGEMENT

(1.) Whether Sec. 5 of the Limitation Act, is applicable to an application with a prayer for special leave to appeal under Sec. 378 (5) of the Criminal Procedure Code (for short CrPC) is the question that needs to be decided in the aforesaid three applications for special leave to appeal. Initially, CRMSPL 27 of 2023 was heard by me at length and judgement was reserved. Subsequently, two other applications, namely, CRMSPL 52 of 2023 and CRMSPL 35 of 2023 came up for hearing before me in which identical question was involved.

(2.) Ld. advocate, appearing for the petitioner in the subsequent two applications argued the matter and I had to reserve subsequent two CRMSPL applications with a view to dispose of all three applications having identical question of law by a common judement. That is why, all three applications are being disposed of by this common judgement.

(3.) Accordingly, I proceed to decide the said question of law, referred to hereinabove first, before taking up for decision of each of the applications for special leave to appeal, on merits.