( 1 ) THE question which has been referred to this Bench is :

"whether Section 5 of the Limitation Act applies to an application for special leave to appeal from an order of acquittal under Section 417 (3), Cr. P. C. "

Sub-sections (3) and (4) of Section 417, read thus;" (3) If such an order of acquittal is passed in any case instituted upon complaint and the High court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High court.

(4) No application under Sub-section (3) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of sixty days from the date of that order of acquittal. " in Mohammad Ibrahim v. Gopi Lal, AIR 1958 All 691, the Court held that the terms of sub-section (4) showed clearly the intention of the Legislature that applications for leave to appeal against an order of acquittal must be made within sixty days of the order, and that the court had no power to extend that period. The correctness of this view was doubted in the later; case of Municipal Board, Luck-now v