‘Strange & shocking’: SC slams UP Police for converting civil disputes into criminal cases
Terming repeated instances of civil disputes being turned into criminal cases by the Uttar Pradesh Police as a ‘complete breakdown of the Rule of Law’, the Supreme Court on Monday warned that it might impose costs on the state, if the practice didn’t stop.
“Something strange and shocking is happening day in and day out in Uttar Pradesh… everyday civil suits are being converted to criminal cases. It is absurd. Merely not giving money cannot be turned into an offence… That’s complete breakdown of rule of law,” a three-judge Bench led by Chief Justice of India Sanjiv Khanna told the Uttar Pradesh Government counsel.
The observations came during the hearing of a petition seeking quashing of an FIR registered against accused Debu Singh and Deepak Singh for alleged criminal breach of trust, criminal intimidation, and criminal conspiracy. The accused have challenged the Allahabad High Court’s order refusing to quash the criminal case against them in a monetary dispute with one Deepak Behal.
The top court stayed the criminal proceedings against the petitioners in a Noida court, but said the cheque bounce case against them would continue.
It directed the UP DGP to file an affidavit within two weeks detailing the steps taken to comply with its earlier directions that made it mandatory for the Investigating Officer to ensure that the charge-sheet contained clear and complete entries.
Emphasising that an FIR couldn’t be filed in civil disputes, it asked the Station House Officer/the IO of the police station concerned in Gautam Budh Nagar district to file an affidavit explaining why he should not be proceeded against.
“We will direct the IO to come to the witness box. Let the IO stand in the witness box and make out a criminal case… this is not the way you file charge sheets…let the IO learn a lesson… And, I’m going to haul up, probably initiate contempt proceedings against the IO (Investigating Officer),” CJI warned.
It seemed, lawyers in the state had forgotten there was something called a civil jurisdiction, it said.
The Bench got infuriated after a lawyer said FIRs were filed as civil disputes took a long time to settle.” Just because civil cases take long, you will file an FIR and set the criminal law in motion?” it asked.
The Bench directed the IO of the police station concerned to appear in the witness box in the trial court and justify the registration of the FIR in the case.
India