KAUSHALYA RANI versus GOPAL SINGH

KAUSHALYA RANI versus GOPAL SINGH

Section 417(4) of the Code of Criminal Procedure constitutes a special law of limitation for applications for special leave to appeal by private prosecutors, and s. 5 of the Limitation Act does not apply in view of s. 29(2)(b) of the Limitation Act. Thus, applications for special leave to appeal under s. 417(3) must be filed within 60 days and delay cannot be condoned under s. 5 of the Limitation Act.

Parties
Appellant: Kaushalya Rani; Respondent: Gopal Singh
Jurisdiction
India
Judgment Date
20 September 1963
Procedural Posture
Criminal Appeal / Final Judgment on Appeal From Punjab High Court
Outcome
Appeal dismissed
Legal Topics
Limitation for Appeals Against Acquittal, Applicability of Limitation Act to Appeals by Private Complainants, Special Leave to Appeal Under S. 417(3) Cr PC
Criminal Law Procedural Law Limitation for Appeals Against Acquittal Applicability of Limitation Act to Appeals by Private Complainants Special Leave to Appeal Under S. 417(3) Cr PC

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Parties

Kaushalya Rani

Appellant

Gopal Singh

Respondent

Procedural Posture

Criminal Appeal / Final Judgment on Appeal From Punjab High Court

Legal Issues

  1. 1 Whether s. 5 of the Limitation Act, 1908 applies to an application for special leave to appeal under s. 417(3) of the Code of Criminal Procedure from an order of acquittal
  2. 2 Whether s. 417(4) of the Code of Criminal Procedure constitutes a special law of limitation excluding the operation of s. 5 of the Limitation Act

Ratio Decidendi

Section 417(4) of the Code of Criminal Procedure constitutes a special law of limitation for applications for special leave to appeal by private prosecutors, and s. 5 of the Limitation Act does not apply in view of s. 29(2)(b) of the Limitation Act. Thus, applications for special leave to appeal under s. 417(3) must be filed within 60 days and delay cannot be condoned under s. 5 of the Limitation Act.

Court Disposition

Appeal dismissed

Orders

  • The appeal is accordingly dismissed.