Citation : 2025 Latest Caselaw 156 J&K
Judgement Date : 16 May, 2025
Serial No. 102
2025:JKLHC-JMU:1188
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- WP(C) No. 1194/2025
CM No. 2857/2025
Harmeet Singh, Age 42 years S/o S. .....Appellant(s)/Petitioner(s)
Tirath Singh R/o Akali Kour Singh
Nagar, Digiana, Jammu.
Through: Mr. Arshad Majid Malik, Advocate.
Vs
Union Territory of Jammu and ..... Respondent(s)
Kashmir through its Principal
Secretary (Home), Civil Secretariat,
Jammu.
Through: Mrs. Monika Kohli, Sr. AAG.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(16.05.2025)
1. The petitioner is seeking to invoke writ jurisdiction by
reference to an intended amendment of the text of judgment of a
criminal court in terms whereof the petitioner as an accused has
been acquitted but the acquittal has been bracketed on account
of benefit of doubt which expression is said to be antithesis to the
tone and tenor of the entire judgment wherein the trial court has
held the prosecution case against the petitioner as an accused to
be a falsity and, as such, benefit of doubt was not to be referred
with respect to acquittal of the petitioner.
2. Writ jurisdiction under article 226 of the Constitution of
India cannot enable this Court to deal with the judgment of the
court below even for the purported purpose of setting the text 2025:JKLHC-JMU:1188
correct to serve the context of the judgment as intended by the
petitioner.
3. Learned counsel for the petitioner seeks to withdrawal
the instant petition with liberty to file proper one invoking proper
jurisdiction of this Court.
4. Dismissed as withdrawn with liberty granted.
(RAHUL BHARTI) JUDGE JAMMU 16.05.2025 Shivalee Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No
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