EYCON PARVEIZ Vs. STATE THROUGH POLICE STATION SADDER

JUDGEMENT

(1.) Station House Officer (SHO) Police Station Sadder, Srinagar filed a petition invoking the supervisory jurisdiction of this Court conferred under Sec. 104 of Constitution of State of Jammu and Kashmir to assail an order passed by the 1st Additional Sessions Judge, Srinagar in case FIR No. 149/2015, under Sec. 392/302/34/201 RPC, as also the judgment dtd. 30/11/2017, passed by the 2nd Additional Sessions Judge, Srinagar, whereby order passed by the Chief Judicial Magistrate, Srinagar dtd. 13/11/2017, passed in case FIR No. 149/2015, had been quashed.

(2.) The petition was contested by the appellant herein on merits as well as on maintainability. The learned Writ Court allowed the petition and vide judgment dtd. 17/7/2018, quashed the orders, impugned in the writ petition and directed the Chief Judicial Magistrate, Srinagar to proceed in the matter and determine the age of the appellant within a period of two months. It is this order which has been called in question by the appellant in this appeal filed under clause 12 of the Letters Patent of This Court.

(3.) Mr. Bashir Ahmad Dar, Senior Additional Advocate General appearing for the respondents has taken a preliminary objection with regard to the maintainability of this appeal. Accordingly, the learned counsel appearing for the parties were made to address their arguments on the plea of maintainability taken by the respondents in the first instance.