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2025 DAILYLAW 6761 (JK)

ABDUL REHMAN MIR v. ABDUL MAJEED SHEIKH

Crl R/7/2025 · 2025-03-18

Rahul Bharti

body2025

Judgment text

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Serial No. 102 Supplementary-1 Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM No. 282/2025 in Crl R No. 07/2025 CrlM No. 283/2025 Ab. Rehman Mir … Petitioner(s) Through: - Mr Raja Rameez, Advocate. V/s Abdul Majeed Sheikh … Respondent(s) CORAM: Hon’ble Mr Justice Rahul Bharti, Judge. (ORDER) 18.03.2025 01. Institution of a criminal revision that too before the High Court of Jammu & Kashmir and Ladakh is guided/governed not only by the Code of Criminal Procedure, 1973, as it was then obtaining, [now under section 442 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)] but also by the Jammu & Kashmir High Court Rules 1999. 02. Rule 163 of the Jammu & Kashmir High Court Rules, 1999 prescribes the mode in which a criminal revision petition can be generated. 03. In the present case, the petitioner-Ab. Rehman Mir, in whose name the criminal revision petition is sought to be maintained by his son-Mohd. Amir Mir, has come to suffer imprisonment pursuant to the sentence of one year pronounced upon him by the trial court of Judicial Magistrate 1st Class, Qazigund which has resulted in his lodgment in the Central Jail Srinagar, though the order of sentence does not bear the place of imprisonment of the petitioner. 04. The conviction and sentence against the petitioner came to be upheld in an appeal preferred by the petitioner and that is how the petitioner now intends to invoke criminal side revisional jurisdiction of this court but for that the revision petition has to be the one being filed and presented by the petitioner in the manner as it is meant to be and that does not admit of any scope for petitioner to act through his son unless and until the petitioner is said to be suffering from some legal disability which is not the scenario in the present case, as such, the learned counsel for the petitioner is allowed to withdraw this criminal revision petition with liberty to file fresh one properly signed by the petitioner even if he is undergoing imprisonment in the Central Jail, Srinagar. 05. Certified copies of the judgments of the courts below to accompany the revision petition along with the statement of the complainant as a witness in the criminal case. 06. Disposed of as withdrawn with the aforesaid liberty. (Rahul Bharti) Judge SRINAGAR March 18th, 2025 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document