MUNICIPAL COUNCIL, GANGANAGAR Vs. RAWAT RAM

JUDGEMENT

(1.) THIS is an application by the Municipal Council, Ganganagar, for special leave to appeal under Section 417, Sub -Section (3), Criminal Procedure Code and is directed against the appellate judgement of the Sessions Judge, Ganganagar, dated 23rd February, 1963. The learned Sessions Judge by that order accepted the respondent's appeal and set aside his conviction under Section 203, Rajasthan Municipalities Act, 1959, principally on the ground that the complaint was filed after the expiry of six months of the commission of the alleged act which is alleged to he an offence.

(2.) THE application for leave to appeal has been opposed by the accused -respondent and amongst other grounds a preliminary objection has been taken that the application is barred by limitation, It will be proper to first take up the preliminary objection.

(3.) THE facts necessary to be stated for the decision of the preliminary objection are as follows :