Roshan Chauhan vs. Mohan Lal Cr. MP(M) No. 1629 of 2025 Reserved on: 15.7.2025 21.7.2025 Present: Mr. Virender Sharma, Advocate, for the applicant/appellant. Learned counsel for the applicant/appellant submitted that in view of the judgment of the Hon’ble Supreme Court in M/s Celestium Financial Vs. A. Gnanasekaran, etc. 2025:INSC:804 the applicant/appellant wants to prefer an appeal before the learned Sessions Judge, therefore, he may be permitted to withdraw the present appeal with liberty to approach the learned Sessions Judge, Shimla. He further prayed that the time spent in pursuing the appeal before this Court be ordered to be excluded. 2. It was laid down by the Hon’ble Supreme Court in M/s Celestium Financial (supra) that the complainant can prefer an appeal under Section 378 of CrPC before the High Court after taking the leave or before the learned Sessions Judge under the proviso to Section 372 of Cr.PC. Therefore, as per the judgment of the Hon’ble Supreme Court, the complainant can prefer an appeal before the learned Sessions Judge and is entitled to withdraw the appeal filed before this Court to approach the Court of the learned Sessions Judge. 3. As far as the prayer of exclusion of limitation is concerned, the same is to be decided by the Court where the appeal is to be preferred and not by this Court. It is true that the Hon’ble Supreme Court had granted four months in M/s Celestium Financial, however, the Hon’ble Supreme Court has wide powers under Article 142 of the Constitution of India, which this Court does not possess. No other provision was brought to the notice of this Court which would enable this Court to pass an order that the time spent in pursuing the appeal before this Court would be excluded. This is a jurisdiction vested with the Appellate Court and cannot be usurped by this Court. 4. Thus, the present appeal is permitted to be withdrawn with liberty to approach the learned Sessions Judge, Shimla. Needless to say that the appellant/complainant will have a right to seek exclusion of the time under Section 14 of the Limitation Act. The present application stands disposed of. (Rakesh Kainthla) Judge 21st July, 2025 (Chander)