Judgment 1. The question for consideration is whether this application under Sub-Section (3) of Sec.378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the new code) by the State Government for leave to appeal from the original order of acquittal, dated 16-3-1974 passed by Sri V. Prasad, Judicial Magistrate, Motihari in the case State V/s. Ramnaresh Singh is barred by limitation. 2. As stated above, the order of acquittal is dated 16-3-1974. This application for leave to appeal under Sub-Section (3) of Sec.378 of the New code was presented on 17-6-1974. The stamp Reporter has reported that the period of limitation for filing application for leave to appeal under Sub-Section (3) of Sec.378 would be 60 days from the date of the order of acquittal as provided in Sub-Section (5) and therefore, according to the stamp report this application for grant of leave under Sub-Section (3) being barred by limitation, cannot be entertained. The learned Government Advocate has contended that no period of limitation for putting application for leave to appeal under Sub-Sec. (3) of Sec. 378 of the new code from order of has been prescribed and therefore, application for leave to appeal from an order of acquittal may be presented with in the period of limitation, prescribed under Article 114(a) of the Limitation Act (Act XXXVI of 1963) for presenting appeal from an order of acquittal, which is 90 days from the date of the order of acquittal. The learned Government Advocate has not made any distinction between an application for leave to appeal on behalf of the State Government from an order of acquittal passed in a case instituted upon complaint and an application for leave to appeal from an order of acquittal passed in a case instituted otherwise than upon a complaint. 3. Under the code of Criminal Procedure, 1898 (hereinafter referred to as the old code), appeal from order of acquittal could be presented on behalf of State Government under Sub-Section (1) of Sec. 417. If such an order of acquittal was passed in any case, in which the offence had been investigated by the Delhi Special Police Establishment. Central Govt. could also present appeal from order of acquittal under Sub-Section (2) of Sec. 417 of the old code. If such an order of acquittal was passed in any case, in which the offence had been investigated by the Delhi Special Police Establishment. Central Govt. could also present appeal from order of acquittal under Sub-Section (2) of Sec. 417 of the old code. Under the old code Government was not required to obtain leave to appeal from an order of acquittal and therefore, no period of limitation for presenting application for leave to appeal on behalf of State Government was prescribed. Under clause (a) of Article 114 of the Limitation Act the period of limitation for presenting appeal under Sub-Sections (1) and (2) of Sec. 417 of the old code is 90 days from the date of the order of acquittal. Where an earlier statute is not merely repealed but repealed and re-enacted with or without modification a reference to the provisions of the repealed Act, according to Section 8 of the General Clauses Act (Act X of 1897), in any other enactment shall, unless different intention appears, be construed as reference to the corresponding provisions so re-enacted. Hence, reference to Sub-Sections (1) and (2) of Sec. 417 of the old code in clause (a) of Article 114 of the Limitation Act shall be construed as reference to Sub-Sections (1) and (2) of Sec.378 of the new code. Hence the period of limitation for filing appeal from order of acquittal under Sub-Sections (1) and (2) of Sec.378 of the new code will prima facie be 90 days from the date of the order of acquittal by virtue of clause (a) of Article 114 of the Limitation Act. 4. Sub-Sections (1) and (2) of Sec.378 of the new code under which appeal from order of acquittal may be presented on behalf of Government, are as under : "378 (1) Save as otherwise provided in Sub-Section (2) and subject to the provisions of Sub-Sections (3) and (5) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court. (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 or by any other agency empowered to make investigation into an offence under any Central Act other than this code, the Central Govt. may also direct the Public Prosecutor to present an appeal, subject to the provisions of Sub-Section (3), to the High Court from the order of acquittal." 5. Sub-Section (3) and Sub-Section (5) of Sec.378 of the new code referred to in Sub-Section (1) are in the following terms : "(3) No appeal under Sub-Section (1) or Sub-Section (2) shall be entertained except with the leave of the High Court. (5) No application under Sub-S. (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant of that order of acquittal." 6. It is thus, evident that provisions of Sub-Section (3) apply not only to Sub-Section (1) under which the State Government may present appeal but also to Sub-Section (2) of Sec.378 under which appeal may be presented on behalf of the Central Government from order of acquittal in cases mentioned therein. Without the leave of High Court no appeal can be presented under Sub-Section (1) or Sub-Section (2) of Sec.378. It is, however, significant to note that provisions of Sub-Section (1) of Sec.378 are subject to the provisions of Sub-Section (5) also, whereas the provisions of Sub-Section (2) are not subject to the provisions of Sub-Section (5). It cannot therefore, be said by stretch of imagination that there is any period of limitation prescribed for presenting application for leave to appeal on behalf of the Central Government. It remains now to be seen whether there is any period of limitation prescribed for presenting application for leave to appeal on behalf of State Government. The provisions of Sub-Section (1), under which the State Government may present appeal from an order of acquittal are subject to the provisions of Sub-Section (5). It remains now to be seen whether there is any period of limitation prescribed for presenting application for leave to appeal on behalf of State Government. The provisions of Sub-Section (1), under which the State Government may present appeal from an order of acquittal are subject to the provisions of Sub-Section (5). Sub-Section (5) prescribes the period of limitation for presenting application under Sub-Section (4) for grant of special leave to appeal from an order of acquittal passed in a case instituted upon complaint, under Sub-Section (1) the State Government may present appeal from order of acquittal passed in any case, which may be even a case instituted upon complaint. It will presently be seen that if the State Government happens to present appeal from order of acquittal passed in a case instituted upon complaint the application for leave to appeal under Sub-Sec. (3) of Sec.378 has to be made within the period of limitation prescribed by Sub-Section (5). An explanation has been added to the definition of complaint in clause (d) of Sec.2 of the new Code, according to which a report made by a police officer in a case which dis loses, after investigation, the commission of a non-cognisable offence shall be deemed to be a complaint and the police officer by whom such report is made shall be deemed to be the complainant. Such case will also be treated as cases instituted on complaint. As the provisions of Sub-Section (1) of Sec.378 are subject to Sub-Sections (3) and (5) application for grant of leave to appeal under Sub-Section (3) from an order of acquittal passed in a case instituted upon complaint shall not be entertained after expiry of six months where the complainant a public servant and sixty days in every other case, computed from the date of that order of acquittal as provided in Sub-Section (5). But Sub-Section (5) does not prescribe any period of limitation for presenting application for grant of leave to appeal from an order of acquittal passed in a case instituted otherwise than upon complaint. Therefore, it is evident that no period has been prescribed for presenting application on behalf of the State Government for grant of leave to appeal under Sub-Section (3) from an order of acquittal passed in a case instituted otherwise than upon a complaint. Therefore, it is evident that no period has been prescribed for presenting application on behalf of the State Government for grant of leave to appeal under Sub-Section (3) from an order of acquittal passed in a case instituted otherwise than upon a complaint. This view finds support from the fact that the provisions of Sub-Section (2), under which an appeal from order of acquittal may be presented on behalf of the Central Government are not subject to provisions of Sub-Section (5). Sub-Section (2) of Sec.378 shows that there would be no occasion for the Central Government to present an appeal from an order of acquittal passed in a complaint case. It is for his reason that the provisions of Sub-Section (2) of Sec.378 are not subject to the provisions of Sub-Section (5). If the intention had been to prescribe period of limitation for presenting application for grant of leave to appeal from order of acquittal passed in all types of cases i.e., cases instituted upon complaint as well as cases instituted otherwise than upon complaint the provisions of Sub-Section (2) of Sec.378 also would have been subject to the provisions of Sub-Section (5). It must, therefore, be held that the period of limitation for presenting application for leave to appeal provided in Sub-Section (5) governs only such applications under Sub-Section (3) of Sec.378 made on behalf of the State Government for grant of leave to appeal which relate to an order of acquittal passed in a case instituted upon complaint. The period of limitation is six months where the complainant is a public servant and sixty days in every other case computed from the date of the order of acquittal. There is no period of limitation prescribed for presenting application for grant of leave to appeal under Sub-Section (3) from an order of acquittal passed in a case instituted otherwise than upon complaint. Hence, application for leave to appeal from an order of acquittal passed in a case instituted otherwise than upon a complaint may be presented within the period of limitation for presenting such an appeal. 7. Then comes the question as to what would be the period of limitation for presenting appeal on behalf of the State Government from order of acquittal passed in a case instituted upon complaint. 7. Then comes the question as to what would be the period of limitation for presenting appeal on behalf of the State Government from order of acquittal passed in a case instituted upon complaint. As stated above, application for leave to appeal under Sub-Section (3) of Sec.378 in such a case may be made within the period of six months when the complaint is a public servant and sixty days in every other case computed from the date of the order of acquittal. The period of limitation for presenting appeal in such a case would be thirty days from the date of the grant of leave as provided in cls.(b) of Article 114 of the Limitation Act. Clause (b) of Article 114 prescribes the period of limitation for presenting appeal under Sub-Section (3) of Sec. 417 of the old Code. It is thirty days computed from the date of the grant of special leave. Sub-Section (4) of Sec.378 of the new code is a verbatim reproduction of Sub-Section (3) of Sec. 417 of the old Code and it relates to special leave to appeal from an order of acquittal passed in a case instituted upon complaint. It has already been pointed out that where an earlier statute is repealed and re-enacted with or without modification a reference to the provisions of the repealed Act in any other enact-ment, shall unless different intention appears, be construed as reference to the provisions so re-enacted. Therefore, reference to Sub-Section (3) of Sec. 417 of the old code in clause (b) of Article 114 of the Limitation Act will be construed as reference to Sub-Section (4) of Sec.378 of the new code. Therefore, the period of limitation for presenting appeal from order of acquittal on behalf of the State Government when the order of acquittal has been passed in a case instituted upon complaint, will be thirty days from the date of grant of leave as provided in Article 114(b) of the Limitation Act by virtue of the provisions of Sub-Sections (1), (3) and (5) read with Sub-Section (4) of Sec.378. 8. As pointed out above reference to Sub-Sections (1) and (2) of Sec. 417 of the old code in clause (a) of Article 114 of the Limitation Act will be construed as references to Sub-Sections (1) and (2) respectively of Sec.378 of the new code. 8. As pointed out above reference to Sub-Sections (1) and (2) of Sec. 417 of the old code in clause (a) of Article 114 of the Limitation Act will be construed as references to Sub-Sections (1) and (2) respectively of Sec.378 of the new code. The period of limitation for presenting appeal on behalf of the State Government from order of acquittal is 90 days from the date of that order of acquittal according to clause (a) of Article 114 of the Limitation Act. The period of limitation prescribed in clause (a) of Article 114 of the Limitation Act for presenting appeal from order of acquittal passed in a case instituted otherwise than upon a complaint remains intact. But the provisions of Sec.378 of the new code are to be read as qualification of the provisions of Article 114 of the Limitation Act, so far as they relate to appeal from order of acquittal passed in a case instituted upon a complaint. Hence, appeal on behalf of the State Government from order of acquittal passed in a case instituted upon complaint must be presented within 30 days from the date of grant of leave to appeal as provided in clause (b) of Article 114 of the Limitation Act. 9. In the instant case the order of acquittal was passed in a case instituted otherwise than upon a complaint. Therefore, application for grant of leave to appeal under Sub-Section (3) of section Sec.378 could be presented within the period of limitation prescribed in cl.(a) of Article 114 of the Limitation Act, which is 90 days from the date of the order of acquittal. As this application for grant of leave under Sub-Section (3) of Sec.378 of the new code has been filed within 90 days from the date of the order of acquittal, it is not barred by limitation.