Sumit Sabarwal, Dr. Vs. Om Parkash Gupta, Dr.- LPA No. 23 Of 2018- J&K And Laddakh HC-

The following Cases were referred In This Case: Shamshada Akhter vs Aijaz Parvaiz Shah (LPA No. 80/2021, decided on 16.08.2021), Abdul Qayoom Khan and anr vs. State of J&K and others (LPA No. 265/2022, decided on 02.08.2023), Rohit Sharma vs Rukhsana Begum and another (LPA No. 154/2023, decided on 04.10.2023) and Khursheed Ahmad Chohan vs. UT of Jammu and Kashmir and others (LPA No. 204/21023, decided on 19.09.2024).

He has also relied upon a judgment of the Supreme Court in the case of Ram Krishan Fouji vs State of Haryana and others, (2017) 5 SCC 533- Sharda Devi vs State of Bihar, (2002) 3 SCC 705- P.S. Sathappan vs Andhra Bank Ltd. & Ors, (2004) 11 SCC 672- Fuerst Day Lawson Limited vs. Jindal Exports Limited, (2011) 8 SCC 333- Further referred the following Clauses: The Clause-12- "12. And we do further ordain that an appeal shall lie to the said High Court of judicature from the judgment (Not 5 being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a Court subject to the superintendence of the said High Court, and not being and order made in the exercise of revisional jurisdiction, and not being a sentence or order passed or made in the exercise of the power of superintendence) of any judge of the said High Court or one judge of any Division Court and that notwithstanding anything herein before provided an appeal shall lie to the said High Court from a judgment of "one Judge of the said High Court or one judge of" any Division Court, a consistently with the provisions of the civil procedure code, made in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a court subject to the superintendence of the said High Court where the judge who passed the judgment declares that the case is a fit one for appeal; but that the right of appeal from other judgments of the judges of the said High Court or of such division court shall be to us, our Heirs or Successors and be heard by our Board of Judicial Advisers for report to us”-The Clause-10- “10.

Appeals to the High Court from Judges of the Court: And we do further ordain that an appeal shall lie to the said High Court of Judicature at Lahore from the judgment (not being a judgment passed in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a Court subject to the superintendence of the said High Court, and not being an order made in the exercise of revisional jurisdiction, and not being a sentence or order passed or made in exercise of the power of superintendence under the provisions of Section 107 of the Government of India. Act, or in the exercise of criminal jurisdiction) of one Judge of the said High Court or one Judge of any Division Court, pursuant to Section 108 of the Government of India Act, and that notwithstanding anything hereinbefore provided an appeal shall lie to the said High Court from a judgment of one Judge of the said High Court or one Judge of any Division Court, pursuant to Section 108 of the Government of India Act, made on or after the first day of February, one thousand nine hundred and twenty-nine in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a Court subject to the superintendence of the said High Court where the Judge who passed the judgment declares that the case is a fit one for appeal; but that the right of appeal from other judgments of Judges of the said High Court or of such Division Court shall be to Us, Our Heirs or Successors in Our or Their Privy Council, as hereinafter provided.”- S-362 of CrPC- “362. Court not to alter judgement: Save as otherwise provided by this Code or by any other law for the time being in force, no Court when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error”- Held, We, therefore, refer the following questions, to be decided by a Larger Bench of this Court: (i) Whether a Letters Patent Appeal under Clause 12 of the Letters Patent applicable to this Court is maintainable against an order/judgment passed by a Single Judge in exercise of its criminal jurisdiction; (ii) If answer to the aforesaid question is in affirmative, what category of judgments/orders passed by a Single Judge in exercise of its criminal jurisdiction would be amenable to Letters Patent jurisdiction by a Larger Bench of the High Court. 

Full Judgement PDF.

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