HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINGAR (THROUGH VIRTUAL MODE) Uploaded on 11.03.2026 CJ Court Case : CM No. 9051/2025 in LPA No. 333/2025 CM No. 9052/2025 Muzafar Hussain Farooqui ….. Appellant/Petitioner(s) Through: Mr. Shafqat Nazir, Advocate vs UT of J&K and others .…. Respondent(s) Through: Mr. Jehangir Ahmad Dar, GA Coram: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 10.03.2026 CM No. 9051/2025 1. This is an application seeking condonation of delay of 14 days in filing the appeal against the judgment dated 14.10.2025 passed by the learned Single Judge. 2. For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed. Consequently, the delay of 14 days in filing the appeal is condoned. 3. Application stands disposed of. 4. Main Appeal is taken on board. LPA No. 333/2025 1. This intra-court appeal is directed against the Order dated 14th October, 2025, passed by the learned Single Judge in CRM(M) No. 313/2023. LPA No. 333/2025 Page 2 of 2 2. 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. 3. 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. 4. 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 JAMMU: 10.03.2026 Karam Chand Whether the judgment is speaking: Yes/No Whether the judgment is reportable: Yes/No KARAM CHAND 2026.03.06 12:31 I attest to the accuracy and integrity of this document