( 1 ) HEARD learned A. P. P. Mr. K. T. Dave for the applicant-State, mr. B. N. Raval, learned Advocate for respondent No. 1 and Mr. Z. N. Shaikh, learned advocate for respondent No. 2.

( 2 ) THE State has filed this application for condonation of delay of 86 days in filing an application for leave to prefer an appeal against the order of acquittal passed by the learned Special Judge, Dist. Kaira, at Nadiad in Special Case No. 4 of 1993 decided on 18/10/1997.

( 3 ) BEFORE we consider whether there is sufficient cause for delay in filing this application for leave to appeal, it is necessary to note whether any period of limitation is prescribed either in the Limitation Act or in Code of Criminal procedure, 1973 ("the New Code" for short) to prefer an application for leave to appeal ? As in the present matter, the case is instituted on police report. Originally, in the old Code, i. e. , Code of Criminal Procedure, 1898 (old Code for short), sub- secs. (1) and (2) of Sec. 417 provided for appeal from an order of acquittal passed in a case instituted on police report. On repeal of the same, there is a similar provision in sub-secs. (1) and (2) of Sec. 378 of the new Code.