IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 733 of 2025 Date of Decision: 9th April, 2025 Ashok Kumar ....Petitioner Versus State of Himachal Pradesh & Ors. ....Respondents Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting? For the Petitioner : Mr. Narender Guleria, Advocate. Rakesh Kainthla,Judge (Oral) It has been fairly submitted by learned counsel for the petitioner that the present appeal was wrongly filed before this Court and was to be filed before the learned Sessions Judge, Hamirpur. 2. In these circumstances, learned counsel for the petitioner wants to withdraw the present petition and approach the learned Sessions Judge under the relevant provision. Since, the appeal against the acquittal filed by the victim lies before the Court before which an appeal for conviction lies, therefore, the appeal is not maintainable before this Court. 3. In view of this, the present petition is dismissed as withdrawn, so also the pending miscellaneous applications, if any. 4. The petitioner is at liberty to approach the appropriate forum as per the law. (Rakesh Kainthla) Judge 9th April, 2025 (saurav pathania)