NEW DELHI: The Supreme Court on Monday pulled up the Uttar Pradesh administration for converting civil suits into criminal cases . This came as the apex court was hearing a criminal case and a lawyer claimed the FIR was lodged because civil disputes took too long to resolve.
"There is a complete breakdown of rule of law in Uttar Pradesh. Converting a civil matter into a criminal case is not acceptable," CJI Sanjiv Khanna said.
"This is wrong what is happening in UP. Everyday civil suits are being converted to criminal cases. It is absurd, merely not giving money cannot be turned into an offence," he added.
The bench comprising Chief Justice Sanjiv Khanna and justices Sanjay Kumar and K V Viswanathan directed the Director General of Police and the Station House Officer of a police station in Gautam Budh Nagar district to submit affidavits explaining why criminal proceedings were initiated in a civil matter.
"Just because civil cases take long, you will file an FIR and set the criminal law in motion?" the bench asked.
"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 chargesheets," the CJI said, "let the IO learn a lesson".
The SC was hearing a plea by Debu Singh and Deepak Singh—sons of Baljeet Singh—challenging an Allahabad high court order that refused to quash a criminal case filed against them in connection with a financial dispute involving businessman Deepak Behal. The petition, filed through advocate Chand Qureshi, sought relief from an FIR lodged in Noida under IPC Sections 406 (criminal breach of trust), 506 (criminal intimidation), and 120B (criminal conspiracy).
While issuing a stay on the criminal proceedings pending before a Noida trial court, the apex court clarified that the cheque bounce case against the duo would proceed. The appeal stemmed from a September 3, 2023, decision by the high court, which had dismissed their plea to cancel the FIR.
"There is a complete breakdown of rule of law in Uttar Pradesh. Converting a civil matter into a criminal case is not acceptable," CJI Sanjiv Khanna said.
"This is wrong what is happening in UP. Everyday civil suits are being converted to criminal cases. It is absurd, merely not giving money cannot be turned into an offence," he added.
The bench comprising Chief Justice Sanjiv Khanna and justices Sanjay Kumar and K V Viswanathan directed the Director General of Police and the Station House Officer of a police station in Gautam Budh Nagar district to submit affidavits explaining why criminal proceedings were initiated in a civil matter.
"Just because civil cases take long, you will file an FIR and set the criminal law in motion?" the bench asked.
"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 chargesheets," the CJI said, "let the IO learn a lesson".
The SC was hearing a plea by Debu Singh and Deepak Singh—sons of Baljeet Singh—challenging an Allahabad high court order that refused to quash a criminal case filed against them in connection with a financial dispute involving businessman Deepak Behal. The petition, filed through advocate Chand Qureshi, sought relief from an FIR lodged in Noida under IPC Sections 406 (criminal breach of trust), 506 (criminal intimidation), and 120B (criminal conspiracy).
While issuing a stay on the criminal proceedings pending before a Noida trial court, the apex court clarified that the cheque bounce case against the duo would proceed. The appeal stemmed from a September 3, 2023, decision by the high court, which had dismissed their plea to cancel the FIR.
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