CHENNAKESAV REDDY, J.

( 1 ) 1. The dispute that is raged in these S. Rs. and requires to be resolved is: What is the period of limitation for preferring an appeal against an order of acquittal by the Public Prosecutor in a case where the complaint is a public servant Is it six months prescribed by S. 378 (5) Cr. P. C. 1973 or 90 days- fixed by Article 114 (a) of the LIMITATION ACT, 1963, 1963.

( 2 ) THESE S. Rs. are filed by the public Prosecutor under S. 378 (4) Crp. C. 1973 against the orders of acquittals for grant of special leave. On an examination and scrutiny of the S. Rs. the Office found that they were all presented beyond a period of 90 days and, therefore, took an objection as to how the s. Rs. were in time. The Office further pointed out that in view of the decision of this Court in S. Rs. Nos. 2201 and 2202 of 1975 dated 18-7-1975, the appeals presented were not within time. The Public Prosecutor answering the objections submitted that the period of limitation for preferring an appeal the against acqu ittal in a case where the complainant is a public servant whether the appeal is preferred by the Public Prosecutor or a private counsel is only the period of six months

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