2025:HHC:45082 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.18828 of 2025 Decided on: 22.12.2025 Gita Devi … Petitioner Versus State of H.P & Others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 Yes ____________________________________________________ For the petitioner : Ms. Anu Tuli Azta, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General for respondent No.1 & 2. None for respondent No.3. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for following reliefs:- (a) Issue a writ of Mandamus or any other appropriate writ, directing the respondents to transfer FIR No.72 dated 08.07.2025 and all proceedings related thereto from the Panchayat/local authority to the competent Sessions Court/Magistrate Court having jurisdiction. (b) Pass such other order(s) as this Hon’ble Court may deem fit in the interest of justice and equity. (c) The petitioner may also be granted compensation for mental agony, harassment and for being 1 Whether reporters of the local papers may be allowed to see the judgment? 2. 2025:HHC:45082 unnecessarily dragged into litigation and also the cost of this petition. 2. Having heard learned counsel for the parties, this Court is of the considered view that the appropriate course for the petitioner shall be to move an application under Section 37 of the H.P Panchayati Raj Act, 1994 before the Gram Panchayat concerned, which then can pass an appropriate order on the application filed by the petitioner. This Court is making this observation for the reason that the prayer of the petitioner is for transfer of the FIR to the competent Court from the Gram Panchayat on the ground that the petitioner has a right to fair trial and in the light of the beatings given to the petitioner, which were brutal in nature, the power of punishment which stand conferred upon the Panchayat cannot do justice to the crime committed. 3. Section 37 of the Panchayati Raj Act provides that if at any time, it appears to Gram Panchayat that inter alia the offence is one for which it cannot award adequate punishment, then it can return the complaint to the complainant, directing the complainant to file the same before the Magistrate having jurisdiction to try such case. Therefore, the appropriate course for the petitioner shall be to invoke the provision of Section 37 of the Panchayati Raj Act. 3. 2025:HHC:45082 4. Accordingly, this petition is disposed of, with liberty to the petitioner to approach the concerned Gram Panchayat under Section 37 of the Act. In the event of any such application filed before the concerned Gram Panchayat, let the Gram Panchayat dispose of the same expeditiously and preferably within four weeks from the date of the filing of the application. (Ajay Mohan Goel) Judge December 22, 2025 (meera)