HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Crl LP(S) No. 28/2022 CrlM No. 1864/2022 UT of J&K …..Appellant(s)/Petitioner(s) Through: Mr. Suneel Malhotra, GA. vs Rajinder Kumar and another .…. Respondent(s) Through: Mr. Roop Lal, Advocate. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 05.12.2025 CrlM No. 1864/2022 1. The present application has been filed by the applicant seeking condonation of delay in filing the application seeking leave to file the main appeal. 2. Heard learned counsel for the parties. 3. For the reasons stated in the application, the same is allowed. Delay in filing the application seeking leave to file the main appeal is condoned. 4. Application stands disposed of. Crl LP(S) No. 28/2022 5. Heard learned counsel for the parties. 6. Notwithstanding the averments made in Para 3 of the application, this Court is of the considered view that in order to examine the validity of the judgment assailed through the medium of appeal, evidence is required to be appreciated, which in the opinion of this Court can be Serial No. 25 Sahil Padha 2025.12.06 12:59 I attest to the accuracy and integrity of this document 2 Crl LP(S) No. 28/2022 appreciated only at the time of consideration of the appeal and not in the application seeking leave to file appeal. 7. Accordingly, the application is allowed. Leave to file appeal is granted to the applicant. 8. Application stands disposed of. 9. Registry is directed to diarize the main appeal. 10. Main appeal is taken on board. 11. Issue notice to the respondents, which is waived by Mr. Roop Lal, Advocate on behalf of both the respondents. 12. Call for the record. 13. List for admission on 18.02.2026. (RAJNESH OSWAL) JUDGE Jammu 05.12.2025 Sahil Padha