Whether reporters of local papers may be allowed to see the judgment? Yes. IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr .Appeal No. 185 of 2010. Dated of Decision: August 12, 2010. Prem Lal ……… Petitioner. Versus Rajinder Kumar and others. ………. Respondents. Coram The Hon’ble Mr. Justice Surinder Singh, Judge. Whether approved for reporting? Yes For the petitioner : Mr. Satyen Vaidya, Advocate. For the Respondents : Mr. G.S. Rathore, Advocate for respondents No. 1 to 6. Mr. A.K. Bansal, Addl. A.G. with Mr. J.S. Rana, Asstt. A.G., for respondent No.7. Surinder Singh, J (oral): Respondents No. 1 to 6 were acquitted by the trial court for the offences punishable under Sections 147, 323, 427 and 506 of Indian Penal Code. The petitioner herein filed the revision petition, but on the request of learned counsel for the petitioner the same was converted into appeal under the proviso to Section 372 of the Code of Criminal Procedure vide order dated 5.8.2010. 2. While referring to Section 372 aforesaid the learned counsel for the respondents contended that the appeal to the High Court against the acquittal of the 2 respondents recorded by the Judicial Magistrate is not competent. Section 372 of the Code reads as under: “372 No appeal to lie unless otherwise provided.- No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force: Provided that the victim shall have right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.” 3. The above proviso was added to the aforesaid section by Section 29 of the Code of Criminal Procedure (Amendment) Act, 2008. It clearly indicates that the appeal shall lie to the court to which an appeal originally lies against the order of conviction of such court. Since the judgment of acquittal in this case was passed by Judicial Magistrate thus as per the mandate of the proviso aforesaid the appeal against the acquittal will lie to the court of Sessions. 4. In view of the above, the instant appeal be and is hereby ordered to be returned to the appellant for filing it before the appropriate court. The matter is disposed of. Record be returned to the trial court. August 12, 2010. (Surinder Singh) (VT) Judge.