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NEW DELHI: Dismayed over the filing of FIRs by the state police in civil disputes, the Supreme Court on Monday said there was a “complete breakdown of the rule of the law in Uttar Pradesh” as the criminal law was set in motion “day in and day out” in such cases.
“There is a complete breakdown of rule of law in Uttar Pradesh. Converting a civil matter into a criminal case is not acceptable,” a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan said.
The court directed the director general of the state police to file an affidavit before it within two weeks.
Referring to its judgements, the bench said an FIR couldn’t be filed in civil disputes and asked the station house officer or the investigating officer of a Gautam Budh Nagar district police station to file an affidavit explaining why the criminal law was set in motion.
“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,” the CJI said.
“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 bench said it seemed, lawyers in the state had forgotten there was something called a civil jurisdiction. The top court was irked after a lawyer said the FIRs are filed as civil disputes take a long time to settle and asked, “Just because civil cases take long, you will file an FIR and set the criminal law in motion?”
The IO of the police station concerned at Sector-39 in Noida was directed by the top court to appear in the witness box in the trial court and justify the registration of the FIR in the case.
The bench was hearing a plea of the accused Debu Singh and Deepak Singh, filed through lawyer Chand Qureshi, against the Allahabad High Court refusing to quash the criminal case against them in a money dispute with one businessman Deepak Behal.
The top court stayed the criminal proceedings against the petitioners in a Noida trial court, but said the cheque bounce case against them would continue.
An FIR was filed against the duo in Noida under Section 406 (criminal breach of trust), 506 (criminal intimidation) and 120B (criminal conspiracy) of the IPC.
The plea in the top court was filed by Debu Singh and Deepak Singh, both sons of Baljeet Singh, against the judgement of September 03, last year of the Allahabad High Court. The high court dismissed their plea for quashing of the FIR. PTI SJK
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