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2025 DAILYLAW 449 (JK)

GHULAM MOHI UD DIN SHEIKH v. HAJI BASHIR AHMAD DAR

LPA/321/2025 · 2026-03-04

Rajnesh Oswal

body2025

Judgment text

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Serial No. 01 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 321/2025 MC No. 8788/2025 Ghulam Mohi ud Din Sheikh … Appellant(s). Through: Mr. H. Furrahi, Advocate Vs. Haji Bashir Ahmad Dar ...Respondent(s). Through: CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 04.03.2026 01. This intra-court appeal is directed against the Order dated 14th October, 2025, passed by the learned Single Judge in CRM(M) No. 626/2023. 02. Learned counsel for the appellant submits that the maintainability of an LPA against an order passed under Section 561-A/482 Cr.P.C. (now Section 528 BNSS) is currently under question before Larger Bench. Since a Coordinate Bench has doubted the existing precedent on this issue, counsel requests that this case be tagged with the matter pending before the Larger Bench. 03. Despite that a Coordinate Bench has expressed doubt regarding the legality of a judgment delivered by another Coordinate Bench concerning the maintainability of an intra-court appeal against order passed by learned Single Judge in exercise of inherent jurisdiction, the ratio laid down by the earlier Bench continues to govern the field, notwithstanding the pendency of the reference before a Larger Bench. 04. In view of the above, we are not inclined to entertain this intra-court appeal and the same is, accordingly, dismissed. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 04.03.2026 “Shamim Dar” Whether the order is reportable? No