Case: Lpa No. 17/202 vs Director Anti-Corruption Bureau ...
2021 Latest Caselaw 243 j&K/2

                                                                            Sr. No. 107
                                                                            Advance List
                     IN THE HIGH COURT OF JAMMU AND KASHMIR
                                   AT SRINAGAR
                CJ Court

                Case: LPA No. 17/2021
                Reyaz Ahmad Khan                                               ...Petitioner(s)

                               Through: Mr. Salih Pirzada, Adv.

                                                        Vs.

                Director Anti-Corruption Bureau & Ors.                        ...Respondent(s)

                               Through: Ms. Asifa Padroo, AAG


                Coram: HON'BLE THE CHIEF JUSTICE
                       HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE

                                                   ORDER

26.02.2021

1. Heard Mr. Salih Pirzada, learned counsel for the appellant and Ms. Asifa Padroo, learned AAG for the respondents.

2. The appellant has preferred this Letters Patent Appeal against the judgment and order dated 16th February 2021 passed by the learned Single Judge whereby he dismissed the petition of the appellant filed under Section 482 CrPC for quashing of an FIR No. 1 of 2021 dated 5th February 2021.

3. Upon hearing the counsel for the parties, two preliminary questions arise as to the maintainability of a petition under Section 482 CrPC for quashing of the FIR and the investigation; and second, regarding the maintainability of LPA against the order of the learned Single Judge dismissing a writ petition under Section 482 CrPC.

4. With regard to the second preliminary issue, this Court is already ceased of the matter in LPAOW No. 123/2015 Mohammad Amin Bhat vs. State of JK & Ors. which has been entertained vide order dated 19th August 2017.

5. In view of the aforesaid facts and circumstances, we direct this LPA to be listed along-with the above referred LPAOW No. 123/2015 on 15 th April

LPA No. 17/2021 MOHAMMAD ALTAF NIMA 2021.02.26 15:25

I attest to the accuracy and integrity of this document 2021 and thereafter upon considering the aforesaid preliminary issues proposes to attend to the merit of the appeal.

6. Ms. Asifa Padroo, learned AAG who may also seek instructions regarding the aforesaid two preliminary issues as well as on the merits of the FIR.

7. List on 15th April 2021.

                                   (TASHI RABSTAN)            (PANKAJ MITHAL)
                                            JUDGE               CHIEF JUSTICE
           SRINAGAR
           26.02.2021
           Altaf




           LPA No. 17/2021
MOHAMMAD ALTAF NIMA
2021.02.26 15:25

I attest to the accuracy and
integrity of this document