IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.120 of 2026 Decided on: 29.01.2026 Hardev …Petitioner Versus State of Himachal Pradesh .…Respondent ______________________________________________________ Coram Hon’ble Mr. Justice Jiya Lal Bhardwaj, Vacation Judge 1Whether approved for reporting? ……………………………………………………………………………… For the Petitioner: Ms. Kamlesh Kumari, Advocate. For the respondent: Mr. P.K. Nadda, Additional Advocate General. Jiya Lal Bhardwaj, Judge (Oral) Notice. Mr. P.K. Nadda, learned Additional Advocate General, waives and accepts notice on behalf of respondent. 2. A perusal of the record reveals that the petitioner has directly approached this Court and has not approached the Court of Sessions at the first instance. The Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No.6588 of 2025, titled, Mohammad Rasal C versus State of Kerala and another, decided on 08.09.2025 and 2025 SCC Online SC 2108, titled, Jagdeo Prasad versus State of Bihar, has held that a party at the first instance has to approach the Court of Sessions rather than approaching the High Court. 3. In view of aforesaid decisions of the Hon’ble Supreme Court, the present petition is not maintainable and the same is 1Whether reporters of the local papers may be allowed to see the judgment? yes 2 dismissed. However, the petitioner is at liberty to approach the Court of Sessions at first instance, if so desired. (Jiya Lal Bhardwaj) Vacation Judge January 29, 2026(yogesh)