Tsring Dorjay vs State Of J And K Through Police Station ...
2026 Latest Caselaw 677 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Tsring Dorjay vs State Of J And K Through Police Station ... on 13 February, 2026

                                                                   Serial No. 01
                                                                   Regular Cause List
  HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                  AT SRINAGAR
                                       ...
                              CrlM(2117/2025) IN CRA 20/2014)
                                    CrlM(2116/2025)

TSRING DORJAY.

                                                                   .........Petitioner(s)
                                  Through:
                              Mr. Sajad Geelani, Adv.

                                   Versus
STATE OF J AND K THROUGH POLICE STATION LEH (LADAKH CASE).

                                                                .......Respondent(s)

                                 Through:
                       Ms. Beenish, Adv. vice
                      Mr. T. M. Shamsi, DSGI

CORAM:
    HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE

                                       ORDER

13.02.2026

CrlM No. 2116/2025 in CRA No. 20/2014

1. Through the medium of the instant application supported with an affidavit, the applicant/appellant seeks restoration of the main Conviction Appeal CRA No. 20/2014 that came to be dismissed for non- prosecution vide order dated 26.12.2025 of this court passed on the said appeal file, on the grounds mentioned in the same.

2. The applicant/appellant has given explanation for his non-representation at the hearing of the appeal on the dates mentioned in the dismissal order. The non- applicant/UT of Ladakh has not filed any objection to the instant restoration application. The instant restoration application has been filed on the very next date of the dismissal of the appeal.

3. The learned counsel in support of his application has placed reliance on the judgment of the Hon'ble Supreme Court of India cited as "Kishan Singh vs. State of Uttar Pradesh"1996(9) SCC 372. Para 8 of the judgment is felt appropriate to be reproduced for the sake of convenience.

"8. In view of the clear language of the Code of Criminal Procedure and the other reasons mentioned above we are constrained to hold that the observations of this Court in AIR 1987 Supreme Court page 1500 relied Upon by the High Court in the case before us, cannot be treated as having laid down the law correctly. The High Court was, therefore, not right in dismissing the appeal on the ground of non- appearance of the appellant or his counsel and it should have, therefore, allowed the prayer of restoration of the criminal appeal under its inherent power. In the result, the present appeal is allowed, the orders of the High Court are set aside, the Criminal Appeal No. 1791 of 1979 before the High Court is restored and the matter is remitted to the High Court for consideration and decision on merits in accordance with law."

4. Although, this court has justified the passing of dismissal order dated 26.12.2025, on the ground of repeated non-representation of the appellant as well as his counsel at the hearings of the case, yet this court is of the opinion that it may meet the ends of justice, in case the instant restoration application is allowed and the dismissed conviction appeal is restored at its original number for the disposal of the same on its merits.

5. The highest thing that can happen by allowing the application for restoration of the dismissed appeal is that the later can be decided on its merits.

6. Accordingly, the instant application is allowed and as a consequence, the dismissed conviction appeal is restored at its original number along with miscellaneous applications and interim orders.

7. Application stands disposed of.

8. The main appeal shall come up for hearing on 27.03.2026.

9.

(MOHD YOUSUF WANI) JUDGE Srinagar 13.02.2026 Sakeena-PS