Law: Penal Code (XLV of 1860)

Section: 462-E

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A), 3, 5

Law: Limitation Act (IX of 1908)

Section:

 Penal Code (XLV of 1860) S. 462-E---Criminal Procedure Code (V of 1898), S. 417(2-A)---Limitation Act (IX of 1908), Ss. 3 & 5 & First Sched., Art. 157--- Gas theft---Acquittal of the accused---Appeal against acquittal, filing of---Limitation---Condonation of delay---Scope---Appeal against acquittal barred by 27 days---Held: Code of Criminal Procedure, 1898 and the Civil Procedure Code, 1908, were to be treated as special law and not general law, for the purpose of Limitation Act, 1908---Provisions contained in Ss.4, 9 to 18 and 22 of the Limitation Act, 1908, as prescribed by clause (a) of subsection (2) of S.29 of the Limitation Act, 1908, shall apply to special law, however, S.5 of the Limitation Act, 1908, for not finding mention in S.29 ibid. shall not be applicable in that regard, as clause (b) of subsection (2) of S.29 of the Limitation Act, 1908, provides that all the remaining provisions of that Act shall not apply---Subsection (2-A) of S.417, Cr.P.C ordains that "A person aggrieved by the order of acquittal passed by any Court other than a High Court may, within thirty days file an appeal against such order"---Said period of thirty days, would run from the date of passing of the order of acquittal and not from the date of knowledge---Therefore, the contention of the appellant that the instant appeal had been filed within the prescribed period of limitation reckoned from the date of knowledge, i.e. 11.03.2022, was not tenable---For the other contention of the appellant that Sui Northern Gas Pipelines Limited was a government department, it might be observed that Sui Northern Gas Pipelines Limited (SNGPL) was incorporated as a private limited company and then converted into a public limited company under the Companies Act, 2017---Persons forming a private company were the "legal persons" who had established the legal entities through a law, such as public companies, private companies, limited liability partnerships, associations etc., registered under the Companies Act, 2017---Thus, it could safely be inferred that "a company" was "a person" created by law, which could sue and be sued except that it…