Muzafar Hussain Farooqui vs Ut Of J&K And Others on 10 March, 2026

Jammu & Kashmir High Court – Srinagar Bench

Muzafar Hussain Farooqui vs Ut Of J&K And Others on 10 March, 2026

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                                                            2026:JKLHC-SGR:46-DB


                                                                                01

           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.

2026:JKLHC-SGR:46-DB

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




LPA No. 333/2025                                                                 Page 2 of 2