1. Cr. M. P. 73 of 1964 is a petition under S.417 (3) Cr. P. C., for special leave to appeal against the order of acquittal. The petition has been presented admittedly after the period prescribed and a petition Cr. M. P. 74 of 1964 is filed under S.5 of the Limitation Act to condone the delay in filing the petition. It is alleged that the delay was occasioned purely because of a bonafide mistake committed by the Advocate for the petitioner.

2. The question that arises for decision is whether the provisions of S.5 of the Limitation Act would apply to an application for special leave to appeal from an order of acquittal under sub-section (3) to S.417 Cr. P. C. There was divergence of opinion about the matter among the various High Courts. But in the case in Kaushalya Rani v. Gopal Singh AIR. 1964 SC. 260, the Supreme Court held that the provisions contained in S.417 (3) supplemented by the provisions of S.29 (2) of the Limitation Act would make it clear that S.5 of the Limitation Act would not apply to an application for special leave. It was stated that the bar of time prescribed in sub-section (4) of S.417 "is a special law" within the meaning of S.29(2) of the Limitatio