ORDER :

IA NO.1/2013 & IA NO.1/2012

The learned counsel for the appellant has filed IA No.1/2012 u/s.5 of the Limitation Act for condonation of delay in filing the appeal and IA No.1/2013 for Special Leave application under Section 378(5) of Cr.PC.

2. Though the matter has been heard on the above said IAs., a serious legal question has been raised with regard to application of the Limitation Act, so far as the appeals filed u/s.378(4) of Cr.PC. on the ground that Section 378(4) and (5) are the Special provisions provided for preferring the appeal and it is a self contended enactment which provides separate and independent limitation for preferring the appeal. Therefore, the provisions of Limitation Act, in general Sections 4 to 24 Cr.PC. and in particular Section 5 of the Limitation Act, are impliedly excluded from application. Therefore, this court has taken up the above said point to be thrashed out as to ascertain whether the Indian Limitation Act is applicable for the appeals filed u/s.378(4) of Cr.PC. in spite of the said provision provide itself a limitation for preferring the appeal.

3. We have heard the arguments of the learned counsels appearing in various criminal appeals ass