Sheo Prasad v. Sheo Bans Rai Opposite Party.

1. This is an appeal under Section 476-B of the Cr PC against an order refusing to file a-complaint under S. 195 of the same Code. The question is whether limitation is sixty days under Article 155 or ninety days under Article 156 of the Limitation Act. When the exact terms of Article 155 are looked at the question raised does not admit of doubt. Article 155 applies to any appeal to the High Court under the Code of Criminal Procedure except appeals from a sentence of death or an order of acquittal. This is clearly an appeal under the Code of Criminal Procedure as the right of appeal is expressly conferred by S. 476-B of that Code.

2. The article applicable is therefore 155 and the appeal is beyond time. As some misapprehension appears to have existed on this point and the counsel who presented the application states that he has himself been hitherto under the impression that limitation was ninety days, I allow him a week within which to file an application under Section 5 of the Limitation Act supported by an affidavit.

3. Order accordingly.