Union Territory Through Police Station ... vs Mushtaq Ahmed Bhat
2025 Latest Caselaw 845 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Union Territory Through Police Station ... vs Mushtaq Ahmed Bhat on 28 February, 2025

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                     Serial No. 48
                                                                     Reg Cause List.


      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                        CrlM(908/2024) IN CrlA(AS) 23/2024
                                  CrlM(909/2024).


       UNION TERRITORY THROUGH POLICE STATION CHANDOOSA.
                                                           ...APPELLANT (s)
             Through:      Mr. Zahid Qais Noor, Government Advocate.

                                        VERSUS
       MUSHTAQ AHMED BHAT.

             Through:     None.
                                                           ...RESPONDENT(s)

CORAM:
             HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE.
                                    ORDER

28-02-2025

CrlM(908/2024)

01. Despite service, nobody has appealed on behalf of the respondent.

02. The instant appeal has been filed by the appellant against the

judgment dated 30th of March 2024, passed by learned Additional Sessions Judge

Baramulla, in a case arising out of FIR No. 11/2005. There is a delay of (41) days

in filing the appeal.

03. As per the contents of the instant application, the aforesaid delay was

caused because the appellant had to examine the record and obtain sanction for

filing the appeal. It has been submitted that the sanction for filing the appeal was

granted by the Law Department in terms of order dated 10.06.2024 and thereafter

the appeal came to be filed.

04. No one has appeared on behalf of the respondent to rebut the

assertions made by the appellant in the application. Therefore, the same have

remained unrebutted.

05. From the averments made in the application, it appears that the

appellant has been prevented by a sufficient cause from filing the appeal within

the prescribed period of limitation. The application is accordingly allowed and the

delay in filing the appeal is condoned.

06. Disposed of.

07. List the application seeking leave to file the appeal for consideration

on 07.04.2025.

(Sanjay Dhar) Judge

SRINAGAR 28-02-2025 Showkat Khan