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2023 Supreme(J&K) 365

ATUL SREEDHARAN, RAJESH SEKHRI
Abdul Qayoom Khan – Appellant
Versus
State of JK – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.A. Qayoom, Advocate with Mr. Mian Tufail, Mr. Salih Pirzada, Advocate
For the Respondents:Mr. Mohsin S. Qadri, Sr. AAG with Mr. Taha Khaleel, Mr. Mubeen Wani, Mr. Z.A. Shah, Mr. A. Hanan, Advocate.

JUDGMENT :

Atul Sreedharan, J.

The present appeal has been filed by the appellants who are aggrieved by the order/judgment dated 6th December 2022 passed by the learned Single Judge in OWP No. 1020/2015, dismissing a petition under Article 226 filed by the appellants praying therein for two reliefs, one being the quashment of FIR bearing No.16/2014 registered at Police Station VOK, Srinagar, under the provisions of the PC Act and the IPC, and if the Court was not amenable to the same, it be pleased to direct the registration or inclusion of the Respondent No.4 in the writ petition as an accused, in the same case where the appellant is an accused. Respondent No. 4 in the Writ Petition is also Respondent No.4 in this appeal.

2. A preliminary objection was taken by the respondents with regard to the maintainability of this appeal, as the impugned order has been passed in a writ petition which has the colour of a petition under Section 482 of the Criminal Procedure Code and as an order passed under Section 482 Criminal Procedure Code, cannot be taken up by the Division Bench of the same Court under the LPA jurisdiction, the present appeal is not maintainable. It was also urged on the part

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