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Informist, Monday, Apr. 7, 2025

NEW DELHI – The Supreme Court Monday pulled up the Uttar Pradesh police for frequently converting civil cases into criminal cases and said it was a breakdown of the law. "This is wrong what is happening in (Uttar Pradesh). Every day, civil matters are being converted into criminal...This is an absolute breakdown of the rule of law," said the bench led by Chief Justice of India Sanjiv Khanna.

The apex court was hearing an appeal from Debu Singh and Deepak Singh against an Allahabad High Court order which refused to quash a first information report for charges of criminal breach of trust, criminal intimidation, and criminal conspiracy. The petitioners were also facing proceedings under Section 138 of the Negotiable Instruments Act, 1881 for failing to return certain sums of money to the complainants in the case. The prosecution said that the petitioners' father had borrowed INR 2.5 million from Deepak Behl. Thereafter, the father refused to return the money at the promised time and when Behl asked for the same, the father threatened Behl, saying he and his sons would burn him alive.

The top court said the action of police authorities was contrary to its previous direction wherein it ruled that the investigating officer must ensure that the charge sheet contains clear and complete entries of all columns. The top court's ruling was to ensure that all courts could clearly understand which crime had been committed by which accused and what was the material evidence available.

"The order (by the trial court) taking cognisance, the summoning order as well as the charge sheet filed are clearly contrary" to its earlier decision, said the court. "In view of this, we would require the Director General of Police, Uttar Pradesh and the station house officer/investigation officer of the police station to file an affidavit showing compliance with the directions given in the judgment," the court added. Seeking its affidavit within two weeks, the Supreme Court said the trial court proceedings will be stayed against all accused. However, the proceedings under Section 138 of the Negotiable Instruments Act will continue.  End

Reported by Surya Tripathi

Edited by Nishant Maher

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