VidhiSangh

Supreme Court of India · 20/02/2024

MOHD ABAAD ALI & ANR. versus DIRECTORATE OF REVENUE PROSECUTION INTELLIGENCE

[2024] 2 S.C.R. 638 · 2024 INSC 125

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Summary

Section 5 of the Limitation Act, 1963 applies to a delayed appeal against acquittal under Section 378 CrPC because Section 378 does not expressly exclude it. The Court distinguished decisions under the 1908 Act and special statutes that expressly barred extension of time.

Issues

  1. Whether delay in filing an appeal against acquittal under Section 378 CrPC can be condoned under Section 5 of the Limitation Act, 1963.

Provisions considered

Held

Result

Appeal dismissed; the interim order was vacated and the Registry was directed to inform the Delhi High Court so the appeal there could proceed.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 638.