L.N.CHHANGANI, J. - (1.) THIS is an application by the Municipal Council, Ganganagar, for special leave to appeal under Section 417, Sub -Section (3), Criminal Procedure Code and is directed against the appellate judgement of the Sessions Judge, Ganganagar, dated 23rd February, 1963. The learned Sessions Judge by that order accepted the respondent's appeal and set aside his conviction under Section 203, Rajasthan Municipalities Act, 1959, principally on the ground that the complaint was filed after the expiry of six months of the commission of the alleged act which is alleged to he an offence.
(2.) THE application for leave to appeal has been opposed by the accused -respondent and amongst other grounds a preliminary objection has been taken that the application is barred by limitation, It will be proper to first take up the preliminary objection.
(3.) THE facts necessary to be stated for the decision of the preliminary objection are as follows : The order in appeal was passed by the Sessions Judge on 23rd February, 1963 and the application for leave to appeal was presented on 3rd May, 1963. The appeal was thus presented after the expiry of 60 days and was late by nine days. The explanation for the delay is that the petitioner put art application for a copy of the order of acquittal on 6.3.1963 and the copy was ready on 14th March, 1963 and was delivered to the applicant on that very day, and if this period of nine days taken in obtaining copy is excluded, the application is certainly within limitation.;