IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MP(M) No. 1111 of 2026 Date of Decision : 31.8.2026 X through State of H.P. ....Petitioner Versus Madan Kumar ....Respondent Coram Hon’ble Mr. Justice Rakesh Kainthla, Judge. Whether approved for reporting? 1 No. For the petitioner : Mr. Pankaj Mehta, Advocate, Legal Aid counsel. For the respondent : Nemo. Rakesh Kainthla, Judge (Oral) Record stands received. 2. Present appeal has been filed by the victim against the judgment dated 5.1.2026, passed by learned Judicial Magistrate First Class, Court No.3, Hamirpur, H.P., vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Sections 354-A, 506 and 509 of the Indian Penal Code (IPC) under Section 372 of Cr.P.C. to Section 413 of BNSS. 3. Proviso to Section 372 of Cr.P.C. corresponding to Section 413 of BNSS provides that an appeal shall lie to the Court to which an 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. 2 appeal ordinarily lies against the order of conviction of such Court. The appeal against the conviction recorded by the learned Magistrate lies to the Court of Sessions under Section 374 of Cr.P.C. corresponding to Section 415 of BNSS. 4. Therefore, the present appeal does not lie before this Court but will lie before the Court of Sessions. Hence, the appeal is ordered to be returned to the appellant for presentation before the appropriate Court, as may be advised. 5. The pending miscellaneous application(s), if any, also stands disposed of. (Rakesh Kainthla) Judge 31st August, 2026 (Chander)