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