Criminal Process Cannot Be Used To Penalise Person For Approaching Competent Statutory Authority With Grievance: J&K&L High Court

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Published 2 November 2026

Case: Not stated in the source
Court: High Court of Jammu and Kashmir
Bench: Justice M.A. Chowdhary
Citation: Not stated in the source
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Jammu & Kashmir and Ladakh High Court, in a decision by Justice M.A. Chowdhary, held that the criminal process cannot be invoked to penalise an individual for approaching a competent statutory authority with a grievance. The court quashed an FIR, stating that such an action would amount to an abuse of the process of law.

Ratio Decidendi · Legal Principle Established

The criminal process cannot be initiated or continued against an individual merely for exercising their right to approach a competent statutory authority to air a grievance, as doing so constitutes an abuse of the process of law.

Practice & Procedural Impact for Advocates

Advocates should challenge criminal proceedings initiated solely on the basis of a complaint made to a statutory authority, arguing abuse of process. Litigants should be advised that lodging a complaint with a competent authority is a protected right and should not lead to criminalisation.

Key Legal Takeaways

1Approaching a statutory authority with a grievance is a legitimate exercise of rights.
2Criminal proceedings cannot be used to stifle legitimate complaints.
3FIRs filed on such grounds are liable to be quashed as an abuse of process.

The Legal Issue The core legal issue before the Jammu & Kashmir and Ladakh High Court was whether the criminal process could be legitimately invoked against an individual for merely approaching a competent statutory authority to lodge a grievance. The court examined if such an action constituted an abuse of the process of law.

Court's Reasoning Justice M.A. Chowdhary, presiding over the case, held that initiating criminal proceedings against a person for approaching a competent statutory authority with a grievance is an abuse of the process of law. The court reasoned that every individual has a right to air their grievances before appropriate forums. To penalise someone through criminal action for exercising this right would be to stifle legitimate complaints and misuse the criminal justice system. The court found that the FIR in question was filed solely because the complainant had approached a statutory body, which was deemed impermissible.

What Follows The Jammu & Kashmir and Ladakh High Court quashed the First Information Report (FIR) that had been registered against the individual. This means the criminal proceedings against the person for approaching the statutory authority were terminated, and the individual is no longer subject to investigation or prosecution based on that FIR.