Early Times Report
JAMMU, Oct 5: In a recent decision, a Division Bench of the Jammu & Kashmir and Ladakh High Court, consisting of Chief Justice N. Kotishwar Singh and Justice Rajesh Sekri, has held that a Letters Patent Appeal (LPA) under Rule 12 of the Letters Patent Rules is not maintainable when challenging an order issued by a Single Judge of the Court in the exercise of criminal jurisdiction.
The Division Bench, in its ruling, stated that the Letters Patent Rules do not contain any provision for entertaining an intra-court appeal against an order passed by a Single Judge of the Court in matters pertaining to criminal jurisdiction.
The order was issued in response to an LPA filed by Rohit Sharma, who had an FIR registered against him. The FIR was registered at the direction of an Additional Special Mobile Magistrate, Doda, following an application submitted by another party under Section 156(3) of the Code of Criminal Procedure, 1989. Sharma sought to quash the order dated August 24, 2023, passed by the trial court. Subsequently, Sharma's petition for quashing the order was dismissed by a Single Judge of the High Court on September 4, 2023.
Sharma invoked Rule 12 of the Letters Patent Rules in his appeal, seeking the quashment of both the trial court's order and the Single Judge's order, citing multiple grounds in the memorandum of appeal.
The Division Bench, after hearing arguments from both sides, observed that it is now an established and well-settled legal position that, in accordance with Rule 12 of the Letters Patent Rules of Jammu & Kashmir, an intra-court appeal against an order issued by a Single Judge of the High Court in the exercise of inherent powers under Section 482 of the Criminal Procedure Code is not maintainable.
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