Excelsior Correspondent
JAMMU, Oct 5: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Rajesh Sekri has held that LPA under Rule 12 of the Letters Patent Rules of this court is not maintainable because there is no provision in the Letters Patent Rules to entertain an intra court appeal against an order passed by a Single Judge in exercise of criminal jurisdiction.
While dismissing the LPA, the DB observed, “Chief Justice is vested with the powers to constitute a larger bench and make a reference only if conditions of Rule 33 of the Jammu and Kashmir High Court Rules, 1999 are satisfied”.
“This order has been passed in LPA filed by one Rohit Sharma against whom FIR came to be registered against the appellant, by respondent, on the directions of Additional Special Mobile Magistrate, Doda on an application preferred by respondent in terms of Section 156(3) of Code of Criminal Procedure, 1989. The appellant invoked inherent jurisdiction of this court under Section 482 CrPC to implore for quashment of the order dated 24.08.2023, passed by trial court, which petition came to be dismissed by Single Judge of this Court on 04.09.2023”, the DB said.
“The appellant has invoked Rule 12 of Letters Patent Rules for quashment of both the orders dated 04.09.2023, passed by Single Judge of this court and 24.08.2023 passed by trial court on multiple grounds urged in the memo of appeal”, the DB said, adding “it is by far a crystallized position of law and no longer remains res Integra now that in terms of Rule 12 of Letters Patent of J&K, intra court appeal against an order passed by a Single Judge of this Court, in exercise of inherent powers envisaged under Section 482 Cr.P.C., is not maintainable”.
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