Basi Reddy, J.

[1] In these two petitions the question is raised as to whether the provisions of Section 5 of the Indian Limitation Act apply to Sub-section 4 of Section 417 of the Criminal procedure Code. If they do, the High Court has the power, notwithstanding the peremptory provisions of the said Sub-section, to condone the delay in filing an application for the grant of special leave to appeal from an order of, acquittal.

[2] This question was considered by umamaheswaram J., in purchelapalle Venkata Subbareddi v. Duvvuru Papireddy A.I.R. 1957 Andh Pra 406 (A), and we are in agreement with the conclusion reached by the learned Judge.

[3] By the Code of Criminal Procedure (Amendment) Act, 1955 (Act XXVI of 1955), for the first time in our penal system, the Legislature conferred on a private complainant a right of appeal from an order of acquittal. Apparently being conscious of the danger inherent in giving such a right to a private party, the Legislature imposed a two-fold restriction on the exercise of that right. By reason of Sub-section 3 of Section 417, a complainant could prefer an appeal only where the High Court granted special leave to appeal, while Sub-section