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Municipal Corporation of Delhi Vs. Ram Dass and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtDelhi High Court
Decided On
Case NumberCriminal Appeal Nos. 285 of 1977 and 43, 56, 85 and 121 of 1979
Judge
Reported in35(1988)DLT96
ActsCode of Criminal Procedure (CrPC) , 1973 - Sections 378(5)
AppellantMunicipal Corporation of Delhi
RespondentRam Dass and anr.
Advocates: Usha Kumari and; Randhir Jain, Advs
Cases ReferredMunicipal Corporation of Delhi v. S.K. Jain and
Excerpt:
the case examined the limitation for filing of an appeal against the order of acquittal by a corporate body under section 378 (5) of the criminal procedure code, 1973 - the appeal was filed by the municipal corporation of delhi after expiry of 60 days from the order of acquittal - it was held that such appeal was not maintainable since it was time barred. - .....in all these appeals this judgment disposes of all of them. (2) the appeals have been filed by the municipal corporation of delhi. it is the admitted case of the parties that these appeals were filed after the expiry of 60 days from the date of the respective impugned orders. the understanding, it appears, of the municipal corporation of delhi at the relevant time was that the period for filing the appeals against the orders of acquittal is six months. it is further admitted that the offence in each of the cases was committed prior to 1st april 1976. the first question which arises in these appeals is whether they were filed within time. this very question arose for consideration in municipal corporation of delhi v. s.k. jain and others, : 27(1985)dlt52 . after analysing the case law on.....
Judgment:

Charanjit Talwar, J.

(1) As common question of law arises in all these appeals this judgment disposes of all of them.

(2) The appeals have been filed by the Municipal Corporation of Delhi. It is the admitted case of the parties that these appeals were filed after the expiry of 60 days from the date of the respective impugned orders. The understanding, it appears, of the Municipal Corporation of Delhi at the relevant time was that the period for filing the appeals against the orders of acquittal is six months. It is further admitted that the offence in each of the cases was committed prior to 1st April 1976. The first question which arises in these appeals is whether they were filed within time. This very question arose for consideration in Municipal Corporation of Delhi v. S.K. Jain and others, : 27(1985)DLT52 . After analysing the case law on this point, a Division Bench held that the period of limitation for filing an appeal by the Municipal Corporation of Delhi in cases where the offence has been committed prior to 1st April 1976 was 60 days. Following the law laid down in the said case, we hold that these appeals were filed beyond the period of limitation. Hence, they are dismissed.


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