NEW DELHI: The Supreme Court on Monday came down heavily upon the Uttar Pradesh police for converting a civil matter into a criminal case, saying it showed that there was a "complete breakdown of rule of law".
A bench of Chief Justice of India Sanjiv Khanna and Justices Sanjay Kumar and K V Vishwanathan made it categorical that turning a civil matter into a criminal case was not acceptable.
Supreme Court Criticizes UP Police for Misusing Criminal Law in Civil Disputes
"Just because civil cases take long, you will file an FIR and set the criminal law in motion," the bench asked state government after noting filing of FIRs by the police in civil cases.
Slamming the officials’, the bench said, "This is wrong what is happening in Uttar Pradesh. Everyday civil suits are being converted to criminal cases”.
SC Stays Noida FIR, Cites Breakdown of Rule of Law in UP
The court said this is absurd and made it clear that "merely not giving money cannot be turned into an offence".
The bench said it will issue a direction to the investigating officer (IO) to come to the witness box, and the officer will stand in the witness box and make out a criminal case, and the IO should learn a lesson.
"This is not the way you file chargesheets," the bench told the state counsel.
The court made specific queries for the DGP and the station house officer of a Gautam Budh Nagar district police station. The bench asked these officials to file affidavits, explaining why the criminal law was set in motion in a civil dispute.
The bench directed the IO of the police station concerned at Sector-39 in Noida to appear in the witness box and answer why registration of the FIR in the case was required.
A plea was filed by the accused Debu Singh and Deepak Singh, challenging the order passed by the Allahabad High Court refusing to quash the criminal case against them.
The court stayed the criminal proceedings against the petitioners in a Noida court but clarified that the cheque bounce case against them would continue. An FIR was filed against the duo in Noida under Section 406 , 506 and 120B of the IPC.
