Pulling up Uttar Pradesh police over frequent conversion of civil circumstances into felony circumstances, Chief Justice of India Sanjiv Khanna right this moment mentioned that is “mistaken” and reveals a “full breakdown” of the rule of legislation. The court docket warned it can order damages if related petitions are filed sooner or later. The court docket paused felony prosecution in a case, and requested Uttar Pradesh police chief Prashant Kumar and the investigating officer to file a response inside two weeks.
The Chief Justice remarked that attorneys in Uttar Pradesh have forgotten concerning the civil jurisdiction.
The case in query associated to a cheque bounce case. The police had issued a summons and filed a chargesheet after changing the civil go well with right into a felony case. The petitioner approached the court docket towards this and alleged that the police took bribes for changing the case.
“That is mistaken, what is occurring in UP. On a regular basis civil fits are being transformed to felony circumstances. It is absurd, merely not giving cash can’t be became an offence. I’ll ask the Investigation Officer (IO) to return to the witness field. Let the IO stand within the witness field and make out the case of crime. We direct it, let him be taught his lesson, this isn’t the best way you file chargesheets,” the Chief Justice mentioned, including, It’s unusual, that is taking place day in and day trip in Uttar Pradesh,” he mentioned.
This isn’t the primary time the Chief Justice has flagged the rising development of conversion of civil circumstances into felony circumstances. In December final yr, he had famous that this apply was “rampant” in some states. He had mentioned that often changing civil circumstances into felony circumstances burdened the judiciary with issues that may be handled by civil jurisdiction.
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