MUNICIPAL COUNCIL SRI GANGANAGAR Vs. RAWATRAM

JUDGEMENT

(1.) THIS is an application by the Municipal Council, Ganganagar, for special leave to appeal under sec. 417 sub-sec. (3), Cr. P. C. and is directed against the appellate judgment 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 sec. 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 be 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.