Order: The point that arises for determination is whether when there is a delay beyond 60 days in preferring under section 417 (4), Criminal Procedure Code, an application for granting special leave to appeal, the provisions of section 5 of the Limitation Act will apply.

Section 29 (2) of the Limitation Act runs as follows:

“Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefor by the First Schedule, the provisions of section 3 shall apply as if such period were prescribed therefor in that schedule, and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law-

(a) the provisions contained in section 4, sections 9 to 18, and section 22 shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law and.

(b) the remaining provisions of this Act shall not apply.”

This question has been the subject-matter of a decision in this Court by Basheer Ahmed Sayeed, J., and in two decisions of the Andhra Pradesh High Court by Umamaheswaram, J., and a Bench of that Court composed

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