Union Territory Of Jammu And Kashmir Th vs Mahad Lone And Others on 10 March, 2026

Jammu & Kashmir High Court – Srinagar Bench

Union Territory Of Jammu And Kashmir Th vs Mahad Lone And Others on 10 March, 2026

Author: Rahul Bharti

Bench: Rahul Bharti

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               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                               AT SRINAGAR
                                CrlM(246/2026) in CrlA(AS) 7/2026
                                        CrlM(247/2026).


           Union Territory of Jammu and Kashmir Th
           Station House Officer, Police Station Kupwara.
                                                               ...Applicant(s)/Petitioner(s)
                 Through:      Mr. Faheem Nisar Shah, Government Advocate.

                                               VERSUS

           Mahad Lone And Others.
                                                                         ...Respondent(s)
                 Through:      None.

      CORAM:
                 HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
                                         ORDER

10.03.2026

01. There is an inherent lacuna in very Government Order No. 487- JK (LD)

of 2026 dated 16.01.2026 purportedly sanctioning the filing of a

criminal acquittal appeal against judgment dated 01.08.2025 passed by

the Court of Principal Sessions Judge, Kupwara.

02. The Government Order refers to sanction for filing an appeal by

reference to FIR No. 191/2005 of Police Station Kupwara for offences

under section 379 IPC and section 6 of the Forest Act.

03. The trial of accused persons before the Court of Judicial Magistrate 1 st

Class, Kupwara had taken place by reference to charges under section

379 RPC and section 6 of the Jammu and Kashmir Forest Act.

04. Ranbir Penal Code and Indian Penal Code cannot be placed as

interchangeable on the same page when it comes to the matter of coming

up with the criminal conviction/acquittal appeal before this Court. The

Government cannot expect the High Court Of Jammu and Kashmir and

Ladakh as being the highest Court of appeal to switch over the
expressions mentioned in Government order No. 487- JK (LD) of 2026

dated 16.01.2026 by reference to Indian Penal Code (IPC) to be read as

Ranbir Penal Code (RPC).

05. As such, on the basis of the Government order in reference, the sanction

is held not to be valid leaving it free for the Government to rectify its own

mistake and then come up with the course correction in maintaining the

acquittal appeal as is desired to be maintained against the order of

acquittal in appeal passed by the Court of Principal Session Judge,

Kupwara.

06. Dismissed, as such.

(RAHUL BHARTI)
JUDGE

SRINAGAR
10.03.2026
Bisma Jan.