High Court

J&K High Court clarifies that personal protection orders do not bar criminal investigation

Nyaya Prep • Published • 3 min read

Plain transparent protective shield beside an open doorway and investigation desk.
Personal protection and criminal investigation remain distinct. · Nyaya Prep
The Jammu and Kashmir and Ladakh High Court has clarified that an order protecting people from interference does not prevent investigation of a complaint against them. Justice M.A. Chowdhary disposed of a husband's petition alleging that his wife entered another marriage while their marriage subsisted. The Court directed police to register a case and proceed if his complaint disclosed a cognizable offence. An earlier protection order had expressly left the validity of the alleged marriage undecided. The ruling preserves the distinction between protection of personal safety and adjudication of criminal liability. It does not find the allegations proved against anyone.
  • Jammu and Kashmir and Ladakh High Court
  • Protection orders
  • Constitution of India

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