Judgment

Arijit Pasayat, J.—Leave granted.

2. The State of Nagaland questions correctness of the judgment rendered by a learned Single Judge of the Gauhati High Court, Kohima Bench refusing to condone the delay by rejecting the application filed under Section 5 of the Limitation Act, 1963 (in short the ‘Limitation Act’) and consequentially rejecting of application for grant of leave to appeal. Before we deal with the legality of the order refusing to condone the delay in making the application for grant of leave, a brief reference to the factual background would suffice.

3. Application for grant of leave was made in terms of Section 378 (3) of the Code of Criminal Procedure, 1973 (in short the ‘Code’). A judgment of acquittal was passed by learned Additional Deputy Commissioner (Judicial) Dimapur, Nagaland. The judgment was pronounced on 18.12.2002. As there was delay in making the application for grant of leave in terms of Section 378(3) of the Code, application for condonation of delay was filed. As is revealed from the application for condonation, copy of the order was received by the concerned department on 15th January, 2003; without wasting any time on the same date the relev