SILCHAR MUNICIPAL BOARD Vs. RAKHAL CHANDRA ROY

JUDGEMENT

(1.) THE above application for special leave to prefer an appeal Under Section 417 (3) of the Code of Criminal Procedure was filed two days beyond time. An application for condonation of the delay Under Section 5 of the Limitation Act 1963 (Act No. 35 of 1963) was filed. This application is resisted by the respondent.

(2.) THE question that arises for consideration is whether Section 5 of the Limitation Act can be invoked in an application for special leave Under Section 417 (3), in view of the provisions of Sub -section (4) of Section 417 of the Code of Criminal Procedure. 4, Section 417 (4) reads as follows:

(3.) IT is submitted on behalf of the respondent that the Limitation Act has not prescribed any period of limitation for an application for special leave to appeal and therefore there is no period therein different from that prescribed by the local law.