Jammu & Kashmir High Court - Srinagar Bench
Union Territory Of Jammu And Kashmir Th vs Mahad Lone And Others on 10 March, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
95
Suppl-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CrlM(246/2026) in CrlA(AS) 7/2026
CrlM(247/2026).
Union Territory of Jammu and Kashmir Th
Station House Officer, Police Station Kupwara.
...Applicant(s)/Petitioner(s)
Through: Mr. Faheem Nisar Shah, Government Advocate.
VERSUS
Mahad Lone And Others.
...Respondent(s)
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
10.03.2026
01. There is an inherent lacuna in very Government Order No. 487- JK (LD) of 2026 dated 16.01.2026 purportedly sanctioning the filing of a criminal acquittal appeal against judgment dated 01.08.2025 passed by the Court of Principal Sessions Judge, Kupwara.
02. The Government Order refers to sanction for filing an appeal by reference to FIR No. 191/2005 of Police Station Kupwara for offences under section 379 IPC and section 6 of the Forest Act.
03. The trial of accused persons before the Court of Judicial Magistrate 1 st Class, Kupwara had taken place by reference to charges under section 379 RPC and section 6 of the Jammu and Kashmir Forest Act.
04. Ranbir Penal Code and Indian Penal Code cannot be placed as interchangeable on the same page when it comes to the matter of coming up with the criminal conviction/acquittal appeal before this Court. The Government cannot expect the High Court Of Jammu and Kashmir and Ladakh as being the highest Court of appeal to switch over the expressions mentioned in Government order No. 487- JK (LD) of 2026 dated 16.01.2026 by reference to Indian Penal Code (IPC) to be read as Ranbir Penal Code (RPC).
05. As such, on the basis of the Government order in reference, the sanction is held not to be valid leaving it free for the Government to rectify its own mistake and then come up with the course correction in maintaining the acquittal appeal as is desired to be maintained against the order of acquittal in appeal passed by the Court of Principal Session Judge, Kupwara.
06. Dismissed, as such.
(RAHUL BHARTI) JUDGE SRINAGAR 10.03.2026 Bisma Jan.