BASHEER AHMED SAYEED
The point that arises for consideration here is whether the application for special leave to appeal from the order of acquittal for which a period of 60 days has been prescribed under section 417(4) of the Criminal Procedure Code, excludes the application of section 5 of the Limitation Act, if there is delay in filing such an application within the period of 60 days. The office has pointed out in its note that section 29(2) of the Limitation Act, would apply to the case and therefore section 5 would not be available to the complainant when he is out of time. But section 29(2) comes into operation only when the special law prescribes a period different from the period prescribed by the First Schedule to the Limitation Act. In this case for a special leave against acquittal the schedule to the Limitation Act does not prescribe any period at all. Such being the case only where there is difference between the period prescribed by this schedule and the period prescribed by the special law would section 29(2) be applicable. So far as the present case is concerned there is no such difference between the period prescribed by the Law of Limitation and the Criminal Procedure Code. For t
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