Dr. Sumit Sabarwal Son Of Sh. Vikram ... vs Dr. Om Parkash Gupta Son Of Late Sh. Bihar ... on 18 October, 2024
4 Learned counsel appearing for respondent No.1 has
raised a preliminary objection with regard to maintainability of the
present appeal on the ground that a Letters Patent Appeal does not lie
against an order/judgment passed by a Single Judge of this Court in
exercise of his criminal jurisdiction. It has been contended that since
the learned writ Court has passed the impugned directions while
exercising his powers under the Code of Criminal Procedure, as such,
no LPA would lie against the said order. Learned counsel for
respondent No.1 has contended that the aforesaid position of law has
been settled by this Court in numerous judgments, particularly in the
cases of Shamshada Akhter vs Aijaz Parvaiz Shah (LPA
No. 80/2021, decided on 16.08.2021), Abdul Qayoom Khan and anr
vs. State of J&K and others (LPA No. 265/2022, decided on
02.08.2023), Rohit Sharma vs Rukhsana Begum and another (LPA
No. 154/2023, decided on 04.10.2023) and Khursheed Ahmad
Chohan vs. UT of Jammu and Kashmir and others (LPA No.
204/21023, decided on 19.09.2024).