The Supreme Court docket Monday pulled up the Uttar Pradesh Police for submitting felony fees in what it stated was primarily a civil dispute for allegedly not returning Rs 25 lakh borrowed from an individual.
The apex court docket was listening to an attraction difficult the Allahabad Excessive Court docket resolution dismissing the plea to quash FIR in opposition to petitioners Debu Singh and Deepak Singh dealing with fees of felony breach of belief, felony intimidation, and felony conspiracy.
“That is unsuitable what is occurring in UP. Daily in and time out, civil issues are being transformed into felony… That is an absolute breakdown of the rule of legislation,” Chief Justice of India Sanjiv Khanna presiding over a three-judge bench stated.
The bench, additionally comprising Justices Sanjay Kumar and Okay V Viswanathan, stated this was opposite to its course within the case of Sharif Ahmed vs State of Uttar Pradesh whereby it laid down that the investigating officer should be sure that the chargesheet comprises clear and full entries of all columns within the chargesheet in order that the court docket can clearly perceive which crime has been dedicated by which accused and what’s the materials proof accessible on the file.
“The order taking cognisance, the summoning order in addition to the chargesheet filed is clearly opposite to the choice in Sharif Ahmed and others Vs State of UP. In view of this, we’d require the Director Common of Police of UP in addition to the Station Home Officer/ Investigation Officer of the police station to file an affidavit displaying compliance with the instructions given within the judgment,” the bench stated within the order.
The bench directed that the affidavit be filed inside two weeks, and ordered that “the proceedings in trial court docket will stay stayed in opposition to all accused”. “Proceedings below part 138 of the Negotiable Devices Act, which aren’t the subject material of the current petition, shall proceed,” stated the bench.
As per the prosecution, the petitioners’ father, Baljeet Singh, who had a scrap enterprise, had borrowed Rs 25 lakh from one Deepak Behl of their presence. Subsequently, Baljeet Singh refused to return the cash on the promised time, and when Behl demanded it again, he allegedly threatened, saying he and his sons would burn him alive.
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The Allahabad Excessive Court docket dismissed their plea to quash the FIR, saying it discloses commissioning of cognisable offence, and, due to this fact, the prayer made to quash the FIR can’t be entertained.
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