( 1 ) CRLA. MP (SR ). NO. 16440 of 2004 in Crl. A (SR ). No. 16438 of 2004 is preferred praying for leave to file an appeal as against an acquittal, along with an application in Crl. MP. No. 6156 of 2004 seeking condonation of delay under Section 5 of the Limitation Act.

( 2 ) LIKEWISE, Crl. M. P. No. 4642 of 2004 in Crl. A (SR ). No. 18604 of 2003 is filed by the Public Prosecutor, High Court of A. P. Hyderabad, with an application seeking condonation of delay of 213 days in presenting the appeal. Section 378 of the Code of Criminal Procedure reads as hereunder:378. Appeal in case of acquittal: (1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), the State government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court [or an order of acquittal passed by the Court of Session in Revision]. (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 19

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