Dharam Chand vs. State of H.P. & Ors. Cr. Appeal No. 45 of 2014 Reserved on 18.09.2026 28.09.2026 Present: Mr Pawan Gautam, Advocate for the appellant. Mr Ajit Sharma, Deputy Advocate General for the appellant No.1/State. Mr Divya Raj Singh, Advocate for respondents No.2, 4 and 5. The police filed the charge sheet against the respondents/accused before the learned Judicial Magistrate First Class, Court No. III, Una, District Una (learned Trial Court), who acquitted the respondents/accused vide judgment dated 28.09.2012. The appellant Dharam Chand was the victim. He has filed the present appeal under Section 372 of the Code of Criminal Procedure (CrPC) before this Court. Proviso to Section 372 of the CrPC reads that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. Section 374(3)(a) provides that a person convicted on the trial held by the Magistrate of the First Class may appeal to the Court of Sessions. Therefore, the appeal under Section 372 is required to be filed before the Court of Sessions and not before this Court. It was laid 2 down by the Hon’ble Supreme Court in Subhas Chandra Sarkar vs. The State of West Bengal and Ors. (22.09.2026 - SC): MANU/SC/1084/2026 that an appeal against acquittal recorded by the Magistrate under Section 413 of Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) corresponding to Section 372 of the CrPC lies before the Sessions Court and not before the High Court. It was observed: 12. Hence, when there is a conviction in a trial held by a Magistrate of the First Class or the Second Class, an appeal lies to the Sessions Court. Going by the proviso to Section 413, an appeal filed by a victim against an order of acquittal also has to be before the Court to which an appeal ordinarily lies against the order of conviction of such Court. The order of acquittal passed by a learned Magistrate, hence, has to be appealed before the Court in which a conviction ordered by a Magistrate can be appealed, which is the Sessions Court. 2. In view of the above, the present appeal is not maintainable before this Court; hence, it is ordered to be returned to the appellant/victim for filing it before the appropriate Court. 3. The appeal stands disposed of in above terms, so also the pending application(s) if any. (Rakesh Kainthla) Judge 28th September, 2026 (Nikita)