STATE OF BIHAR Vs. RAM NARESH SINGH

JUDGEMENT

(1.) THE question for consideration is whether this application under Sub -Section (3) of Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the new code') by the State Government for leave to appeal from the original order of acquittal, dated 16.3.1974 passed by Sri V. Prasad, Judicial Magistrate, Motihari in the case State v. Ramnaresh Singh is barred by limitation.

(2.) AS stated above, the order of acquittal is dated 16.3.1974. This application for leave to appeal under Sub -Section (3) of Section 378 of the New code was presented on 17.6.1974. The stamp Reporter has reported that the period of limitation for filing application for leave to appeal under Sub -Section (3) of Section 378 would be 60 days from the date of the order of acquittal as provided in Sub -Section (5) and therefore, according to the stamp report this application for grant of leave under Sub -Section (3) being barred by limitation, cannot be entertained. The learned Government Advocate has contended that no period of limitation for putting application for leave to appeal under Sub -Section (3) of Section 378 of the new code from order of has been prescribed and therefore, application for leave to appeal from an order of acquittal may be presented with in the period of limitation, prescribed under Article 114(a) of the Limitation Act (Act XXXVI of 1963) for presenting appeal from an order of acquittal, which is 90 days from the date of the order of acquittal. The learned Government Advocate has not made any distinction between an application for leave to appeal on behalf of the State Government from an order of acquittal passed in a case instituted upon complaint and an application for leave to appeal from an order of acquittal passed in a case instituted otherwise than upon a complaint.

(3.) SUB -Sections (1) and (2) of Section 378 of the new code under which appeal from order of acquittal may be presented on behalf of Government, are as under :