Is letters patent appeal maintainable in criminal case? J&K High Court Larger Bench to decide

Is letters patent appeal maintainable in criminal case? J&K High Court Larger Bench to decide: The Jammu & Kashmir and Ladakh High Court has referred the question of whether a Letters Patent Appeal (LPA) is maintainable against an order or judgment passed by a single-judge in exercise of criminal jurisdiction to a larger bench. The issue arose in the case of Dr. Smit Sabarwal v/s Dr. Om Parkash Gupta and Ors, where the Division Bench was hearing an LPA against a single-judge’s order for the registration of an FIR and the constitution of a Special Investigation Team (SIT) in a suspicious death case. The maintainability of the appeal was challenged based on the argument that the writ court’s directions were issued under the Code of Criminal Procedure (CrPC), making the LPA non-maintainable. However, the appellant’s counsel argued that Clause 12 of the Letters Patent of the High Court of Jammu & Kashmir and Ladakh is distinct from other High Courts, lacking specific exclusion of orders passed in criminal jurisdiction.