LAWS(PVC)-1926-1-140

SHEO PRASAD Vs. SHEO BANS RAI

Decided On January 27, 1926
SHEO PRASAD Appellant
V/S
SHEO BANS RAI Respondents

JUDGEMENT

(1.) THIS is an appeal under Section 476-B of the Criminal P. C. against an order refusing to file a complaint under Section 195 of the same Code. The question is whether limitation is sixty days under Art. 155 or ninety days under Art. 156 of the Limitation Act. When the exact terms of Art. 155 are looked at the question raised does not admit of doubt. Art. 155 applies to any appeal to the High Court under the Criminal P. C. except appeals from a sentence of death or an order of acquittal. THIS is clearly an appeal under the Criminal P. C. as the right of appeal is expressly conferred by Section 476-B of that Code. The article applicable is therefore 155 and the appeal is beyond time. As some misapprehension appears to have existed on this point and the counsel who presented the application states that he has himself been hitherto under the impression that limitation was ninety days, I allow him a week within which to file an application under Section 5 of the Limitation Act supported by an affidavit.