No condonation of delay in appeal filed by complainant against acquittal

Case Title- AUTHORISED OFFICER. CDA Vs. THE STATE & ORS
Ref. 1986 6 BLD 91 (HCD)

The appellant preferred an application for admission of appeal under section 417(2) of the Code of Criminal Procedure against an order of acquittal in the High Court Division. The appeal was filed by the complainant of the instant case with an application for condonation of delay.

The appeal was filed after 45 days beyond the 60-day limitation period prescribed in Section 417(3) of the Code of Criminal Procedure. The appellant argued that the delay should be condoned under Section 5 of the Limitation Act.

However, the Court rejected the argument and went on to explain that Section 5 of the Limitation Act is not applicable in this case as it is a general law and special law will prevail here under section 29(2) of the Limitation Act. The Court observed that;

“The Code of Criminal Procedure is a general Law relating to procedure, but it is a special Law while prescribing a limitation for a particular purpose. Section 417(3) of the Code of Criminal Procedure, therefore, is a special Law prescribing a limitation for filing an appeal from an Order of acquittal under Section 417(2) of the same Code different from that prescribed by the Limitation Act, as Article 157 of the Limitation Act prescribes limitation of a period of six months for filing an appeal against an Order of acquittal under the Code of Criminal Procedure.”

Section 5 and the Limitation Act’s period of six months under section 157 for filing an appeal against an Order of acquittal under the Code of Criminal Procedure is meant for appeal by government.
Hence, the HCD decided it has no jurisdiction to condone the delay and dismissed the appeal summarily.

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Md. Moniruzzaman

Editor-in-chief at bdjls.org

An Advocate of the Supreme Court of Bangladesh, Mr. Md. Moniruzzaman have completed his LLB & LLM from University of Rajshahi, Currently he is working as a Senior Associate in a leading law firm in Dhaka. Previously, he taught legal subjects to undergraduate students in Primeasia University as Assistant Professor of law . He is an Award winning Mooter with a knack for critical analysis and research. He is a passionate writer and the founding Editor-in-Chief of the online law journal ‘Bangladesh Journal of Legal Studies’. He can be reached at advmmonir@gmail.com

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