Jammu & Kashmir High Court - Srinagar Bench
Mohammad Amin Bhat vs State Of J&K; And Ors on 19 August, 2017
Author: Ali Mohammad Magrey
Bench: Ali Mohammad Magrey
Serial No. 05
Final Hearing
List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
LPAOW No. 123/2015
Date of order: 19.08.2017
Mohammad Amin Bhat v. State of J&K and ors
Coram:
Hon'ble Mr Justice Badar Durrez Ahmed, Chief Justice
Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
Appearance:
For the Appellant(s) :Mr Salih Pirzada, Advocate.
For the Respondent(s) : Ms. Siyaab Rehman, Advocate.
i) Whether approved for reporting in Yes/No Law journals etc.:
ii) Whether approved for publication in press: Yes/No
1. An issue of maintainability of the present appeal has been raised on behalf of the respondents. The order under appeal is one which has been passed under Section 561-A of the Code of Criminal Procedure, Samvat, 1989. The order was passed in OWP No. 600/2015, which was filed under Section 103 of the Constitution of Jammu and Kashmir read with Article 226 of the Constitution of India, as also under Section 561-A of the Code of Criminal Procedure, Samvat 1989.
2. The decision of the Supreme Court in the case of Ram Krishan Fouji v.
State of Haryana and ors; (2017) 5 SCC 533, has been placed before us on behalf of the respondents to contend that, no Letters Patent Appeal can be filed in LPAOW No. 123/2015 Page 1 of 2 respect of a judgment of a Single Judge of the High Court delivered in exercise of criminal jurisdiction.
3. The learned counsel for the appellant, however, contends that the said decision of the Supreme Court was founded on Clause 10 of the Letters Patent of the erstwhile Punjab and Lahore High Courts, where the criminal jurisdiction has been expressly excluded. But, according to him, this is not so, insofar as Clause 12 of the Letters Patent of the Jammu and Kashmir High Court is concerned.
4. The learned Advocate General is present in Court. We would like to have his assistance on the issue. Consequently, we adjourn this matter so that submissions made by him can also be considered.
5. Re-notify in the week commencing from 05.09.2017.
(Ali Mohammad Magrey) (Badar Durrez Ahmed)
Judge Chief Justice
Srinagar
19.08.2017
Anil Raina, Secy
LPAOW No. 123/2015 Page 2 of 2