U. Durga Prasad Rao, J.

1. The points that arise for determination in this case are:

1) What is the period of limitation for filing an appeal by the State against the acquittal?

2) Is there any period of limitation to apply for "leave" under Section 378(3) Cr.P.C. by the State for filing appeal before High Court against acquittal?

3) Whether there are two different periods of limitation-- one for obtaining leave and another for filing appeal and if so, which one will prevail over the other?

4) Having regard to the answers to the points 1 to 3, whether the instant criminal appeal preferred against acquittal by the state is barred by limitation and hence no leave can be granted under Section 378(3) Cr.P.C.?

2. The factual matrix of the case is thus:

a) The respondent is the Accused Officer (A.O.) in C.C. No. 5 of 2004 on the file of learned Special Judge for CBI cases, Hyderabad. He was charged for the offences under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (for short "P.C. Act") on the accusation that he being Executive Engineer (Construction Cell)