1969 (10) TMI 80

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....ack and inflicted an injury on the left shoulder of Hari Ram. Hari Ram and Poonaram got themselves examined by the Civil Assistant Surgeon of the city and the injury report was submitted alongwith the complaint. The learned Magistrate acquitted the accused. Hari Ram filed an application under s. 417(3) of the Criminal Procedure Code for leave to appeal against the order of the Magistrate. Leave was granted by the High Court, and thereupon Hari Ram filed the appeal. The High Court accepted the appeal and convicted the appellant, Lala Ram, under s. 324, I.P.C., and sentenced him to four months' rigorous imprisonment. The attention of the High Court was not drawn to the Probation of Offenders Act, 1958, during the hearing of the a peal ....

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....ittal passed by any Court other than a, High Court. (3) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on L5SupCI/70-12 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...... It is contended that the period of 60 days mentioned in s.417(4) is not a period of limitation within the meaning of s.12(2) of the Limitation Act. Section 12(2) of....

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....(b) of the Limitation Act." This Court approved the judgment of the Full Bench of the Bombay High Court in Anjanabai v. Yashwantrao Dauletrao Dudhe( I.L.R. [1961]Bom.135,'137.). The Full Bench of the Bombay High Court had observed in Anjanabai's case "Sub-section (4) prescribes a period of limitation for such an application. It states that no such application shall be entertained by the High Court after the expiry of sixty days from the date of the order of acquittal. This period of limitation is prescribed not for all appeals under the Criminal Procedure Code, or even for all appeals from the orders of acquittal. It is prescribed only for applications for special leave to appeal from orders of acquittal. It is therefore a specia....