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High Court of Himachal Pradesh · body

2025 DAILYLAW 17454 (HP)

SHAMSHER SINGH v. STATE OF HP AND ANOTHER

CRMPM/1393/2025 · 2025-06-23

Rakesh Kainthla

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 1393 of 2025 Date of Decision: 23.06.2025 Late Sh. Shamsher Singh ... petitioner Versus State of H.P. and anr. ....Respondents Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 For the petitioner : Mr. Vinod Kumar Soni, Advocate vice Mr. George, Advocate. For respondent No.1 : Mr. Ajit Sharma, Deputy Advocate General. Rakesh Kainthla, Judge (oral) Learned counsel for the petitioner submits, on instructions, that the present appeal was wrongly filed before this Court and he wants to file the appeal before learned Sessions Judge at Hamirpur. A proviso to Section 372 of Cr.P.C. before this Court provides that an appeal against the acquittal filed by the victim can only be filed before the Court before which the appeal against conviction lies, therefore the appeal will lie before learned Sessions Judge, Hamirpur and not before this Court. Consequently, the prayer is allowed. 2. In view of the above, the present petition is dismissed as withdrawn, so also the pending miscellaneous application(s), if any. (Rakesh Kainthla) Judge 23rd June, 2025 (saurav pathania) 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.