IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 485 of 2025 Date of Decision: 9.10.2025 Rajesh Kumar ...Appellant. Versus State of H.P. ...Respondent. Coram Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No For the Appellant : Mr. Servedaman Rathour, Advocate. For the Respondent/State : Mr. Jitender Sharma, Additional Advocate General. Rakesh Kainthla, Judge (Oral): It has been submitted on behalf of the appellant that the main accused has been arrested at the instance of the surety as per the order dated 15.9.2025, passed by learned Additional Chief Judicial Magistrate, Court No.1, Paonta Sahib, District Sirmour, H.P. 2. Learned counsel for the appellant has submitted that in view of the subsequent development, the penalty imposed by the learned Trial Court be modified. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 3. Mr. Jitender Sharma, leaned Additional Advocate General for the respondent-State submitted that the remedy of the appellant lies for modification of the order before the learned Trial Court under Section 446(3) of Cr.P.C. corresponding to Section 491(3) of Bharatiya Nayaya Suraksha Sanhita, 2023 (BNSS). 4. Learned counsel for the appellant submitted that he will approach the learned Trial Court for modification of the order. 5. Hence, in view of this, the present appeal is dismissed as not pressed. The appellant is at liberty to approach the learned Trial Court for modification of the order in view of the subsequent development under Section 446(3) of Cr.P.C. corresponding to Section 491(3) of BNSS and the learned Trial Court shall adjudicate the matter without being influenced by any manner from filing of the appeal before this Court and adjudication of the same by this Court. 6. A copy of this judgment, along with the records of the learned Trial Court, be sent back forthwith. Pending miscellaneous application(s), if any, also stand(s) disposed of. (Rakesh Kainthla) Judge 9th October, 2025 (Nikita)