( 1 ) ON a complaint by one Mohammad Ibrahim, a resident of the town of Khurja, certain persons were tried for an offence under Section 257, I. P. C. before a Magistrate and convicted, while their appeal before the Sessions Judge was allowed On 22-6-1957 and their acquittal ordered. Thereupon, Mohammad Ibrahim on 30-8-1957 made an application under Clause (3) of Section 417 of the Code of Criminal Procedure for grant of special leave to appeal from the order of acquittal. This application was obviously beyond, the period of sixty days prescribed by Clause (4) of Section 417. Subsequently on 26-9-1957, Mohammad Ibrahim made an application under Section 5 of the limitation Act praying for extension of the period of limitation. When Section 5 application came up far hearing before our brother Desai it was argued before him that Section 5 of the limitation Act could not apply to an application under Section 417 (3) of the Code. He considered the matter and held that the contention was well-founded, but finding that there was a conflict in judicial opinion on the point, referred the case to a division Bench. It has now been listed before us for hearing, and we have heard