Crl. Misc. No. M-35398 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M-35398 of 2010 Date of Decision: December 8, 2010 Jaswant Singh and another …..Petitioners Vs. Kirtan Singh …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.H.S. Dhandi, Advocate for the petitioners. -.- M.M.S. BEDI, J. (ORAL) Petitioners were acquitted in a criminal case on December 16, 2008. Feeling that they had been maliciously prosecuted, they had filed a suit for malicious prosecution claiming damages on November 18, 2009. Subsequently the complainant- respondent opted to file an application against acquittal under Section 372 Cr.P.C. in the Court of Sessions on August 18, 2010 after expiry of about one year and eight months. Crl. Misc. No. M-35398 of 2010 [2] Grievance of the petitioners is that the appeal has been entertained by the Sessions Court after the expiry of period of limitation. In the absence of any application for condonation of delay, the appeal should have been dismissed at threshold. Heard. It does not appear to be appropriate to pass an order in the exercise of inherent jurisdiction under Section 482 Cr.P.C. during the pendency of a statutory appeal. Right of statutory appeal vests with the respondent. However, the filing of appeal is always subject to the law of limitation. In case the appeal has been filed after the expiry of period of limitation, it will always be open to the Sessions Court to dismiss the same on the ground of limitation provided the petitioner raises the objection at an opportune time. No ground is made out for quashing the proceedings of appeal at this stage. It has been submitted by counsel for the petitioners that petitioner No.1 is suffering from blood cancer and petitioner No.2 is an old lady. The only relief which can be sought for by the petitioners is that their personal appearance should be exempted during the pendency of the appeal under Section 372 Cr.P.C. This petition is disposed of with liberty to the petitioners to file any application for exemption from their personal appearance before the Appellate Court. In case any such application is filed, the same may be allowed by the Appellate Court subject to any condition imposed upon the petitioners taking into consideration their age and ailments. Crl. Misc. No. M-35398 of 2010 [3] December 8, 2010 (M.M.S.BEDI) sanjay JUDGE