Bharat Bhushan Khajuria vs Prem Kumar
2023 Latest Caselaw 363 j&K

                                                                         Sr. No. 7


     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                        Crl A(S) No. 18/2021


Bharat Bhushan Khajuria                             .....Appellant(s)/Petitioner(s)
                       Through: Proxy Counsel vice
q
                                Mr. B. S. Manhas, Advocate.
                  vs
Prem Kumar                                                     ..... Respondent(s)
                       Through: Mr. Price Khanna, Advocate.
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                    ORDER

Learned counsel for the respondent submits that the instant petition is

not maintainable as leave of Court to file appeal in terms of Section 417 of J&K

Cr.P.C has not been obtained.

A perusal of the impugned judgment of acquittal reveals that the same

has been passed by the learned trial court in a proceeding under Chapter XXXV

of J&K Cr.P.C. Such an order is appealable in terms of Section 476 (B) J&K

Cr.P.C. Therefore, no leave of court to file the appeal is required.

The contention of the learned counsel for the respondent is, therefore,

without any substance.

The appeal is admitted to hearing.

Record of the trial court has already been received.

List this matter for final hearing on 13.04.2023.

(SANJAY DHAR) JUDGE

Jammu 23.02.2023 Sahil Padha