JUDGMENT :

V. Gopalaswamy, J. - The above Misc. Case arises out of Criminal Misc. Case No. 442 of 1989, an application under Sub-sections (4) and (5) of Section 378 of the Code of Criminal Procedure for granting special leave to appeal from the order of acquittal passed by the Judicial Magistrate, Second Class, Berhampur, in 3(a) C. C. No. 316 of 1986, filed by the Town Surveyer authorised by the Executive, Berhampur Municipality, against Smt. Arnapurna Patra alleging that she committed an offence u/s 385-A of the Orissa Municipal Act. According to the complainant-Petitioner the special leave application ought to have been filed on 6-5-1989 (Saturday), but it was filed on 8-5-1989 and as there was delay of two days, he filed the present Misc. Case u/s 5 of the Limitation Act for condoning the delay.

2. The learned Counsel for the opposite party contended, that the assertion of the Petitioner that there was a delay of only two days in filing the special leave application is based on the erroneous assumption that the period of limitation is six months, whereas the period of limitation available to the Petitioner is only sixty days as the complainant in this case is not a public servant