Pulling up Uttar Pradesh police over frequent conversion of civil circumstances into felony circumstances, Chief Justice of India Sanjiv Khanna at this time mentioned that is “fallacious” and reveals a “full breakdown” of the rule of regulation. The courtroom warned it can order damages if comparable petitions are filed sooner or later. The courtroom 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 in regards to 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 swimsuit right into a felony case. The petitioner approached the courtroom in opposition to this and alleged that the police took bribes for changing the case.
“That is fallacious, what is going on in UP. On a regular basis civil fits are being transformed to felony circumstances. It is absurd, merely not giving cash can’t be become 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 time out in Uttar Pradesh,” he mentioned.
This isn’t the primary time the Chief Justice has flagged the rising pattern of conversion of civil circumstances into felony circumstances. In December final yr, he had famous that this observe was “rampant” in some states. He had mentioned that regularly changing civil circumstances into felony circumstances burdened the judiciary with issues that may be handled by civil jurisdiction.
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