Indian Supreme Court slams UP police for converting civil cases into criminal suits

The Indian Supreme Court on Monday (Apr 7) slammed Uttar Pradesh Police over recurrent instances of civil cases being converted into criminal ones, calling it a “complete breakdown of the rule of law”. 

Chief Justice of India Sanjiv Khanna also warned of costs imposed on the state police if similar petitions continue in the future.

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The case concerns a money-related issue. The chargesheet filed by the police asked for a civil case to be converted to a criminal case. However, the petitioner claimed that the police took bribes to turn the civil dispute into a criminal case.

‘Happening day in and day out in UP’

The top court stayed the criminal prosecution in the case. It also ordered UP Police Director General of Police (DGP) Prashant Kumar and the investigating officer (IO) to file a response in the next two weeks.

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“This is wrong! What is happening in UP? Every day, civil suits are being converted to criminal cases,” the CJI said, as quoted by LiveLaw. “It’s absurd, merely not giving money cannot be turned into an offence. Let the IO stand in the witness box and make out the case of crime. We will direct it, let him learn his lesson, this is not the way you file chargesheets.”

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“It’s strange that it’s happening day in and day out in UP. Lawyers have forgotten there is some civil jurisdiction also,” he noted.

“We are passing it over, but now any case that comes up now (in UP) we will impose costs on the Police. Let them (UP Police DGP and IO) file the affidavit. This is complete breakdown of the rule of law,” the court said.

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The CJI has also raised concerns regarding civil cases being converted into criminal ones last year in December as well. He said that this was happening a lot in some states and highlighted that this puts extra pressure on the courts, even though such issues can be handled under civil law.

(With inputs from agencies)