Jammu & Kashmir High Court - Srinagar Bench
Hamid Ahmad Wani vs Union Territory Through Vok on 17 September, 2021
Bench: Chief Justice, Vinod Chatterji Koul
Sr. No. 27
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CJ Court
LPA No. 112/2021.
Hamid Ahmad Wani. ...Petitioner(s)/Appellants.
Through: Mr. R. A. Jan, Sr. Advocate with
Mr. Aswad Attar, Advocate.
Vs.
Union Territory through VOK. ....Respondent(s)
Through:
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
17.09.2021 Heard Shri. R. A. Jan, learned counsel for the appellant. The appellant preferred this appeal against the judgment and order dated 16.08.2021, whereby the petition for quashing of the FIR has been dismissed.
Apparently Court has exercised powers under Section 482 Cr.P.C, in dismissing the petition and therefore, the Letters Patent Appeal against such judgment is not maintainable.
Sh. Jan, however, contends that he has invoked the powers under Article 226 of the Constitution also for the purposes of quashing the FIR since in view the Bhajan Lal Case, reported in 1992 SCC Supl.
(1) 335, FIR can be challenged both in exercise of powers under Section 482 Cr. P.C, and under Article 226 of the Constitution. The dismissal of ABDUL RASHID GANAI 2021.09.19 23:21 I attest to the accuracy and integrity of this document the petition would be under article 226 of the Constitution and as such appeal would be maintainable.
A Division Bench of this Court in LPA No. 80/2020 (Shamshada Akhter v. Aijaz Parvaiz Shah), has already held that no LPA lies against the order passed in exercise of powers under Section 482 Cr. P.C. In view of the above, we direct this appeal to be placed before the aforesaid Division Bench, if it is available or otherwise Registry to seek orders for the constitution of the said Bench.
(VINOD CHATTERJI KOUL) (PANKAJ MITHAL)
JUDGE CHIEF JUSTICE
Srinagar
17.09.2021
"Abdul Rashid"
ABDUL RASHID GANAI
2021.09.19 23:21
I attest to the accuracy and
integrity of this document