On April 16, the Supreme Court strongly objected to the action of the Uttar Pradesh Police in filing an FIR that converted a purely civil dispute into a criminal case, and proposed to impose a cost of ₹50,000 on the State of Uttar Pradesh for the police’s misconduct.
The bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar was hearing a Special Leave Petition (SLP) in the case titled Rikhab Birani vs. The State of Uttar Pradesh [SLP(Crl) No. 008592/2024]. The petition sought the quashing of criminal proceedings initiated under Sections 420, 406, 354, 504, and 506 of the Indian Penal Code (IPC).
The case originated from allegations by the complainant, who claimed that the petitioner had cheated him of ₹19 lakhs by making a false promise to execute a sale deed for certain house property. The petitioner had earlier approached the High Court under Section 482 CrPC for quashing the chargesheet and proceedings, but the High Court dismissed the plea.
While hearing the matter, Chief Justice Sanjiv Khanna sharply criticized the misuse of criminal law in civil matters.
“Filing a criminal case for civil wrongs is unacceptable,” remarked the CJI during the proceedings.
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The bench also expressed dissatisfaction with the actions of the police and suggested a cost of ₹50,000 to be imposed on the state for allowing such a complaint to escalate into criminal proceedings.
“You pay the cost of ₹50,000 and recover it from the officers,” the CJI told the state counsel.
After this strong oral observation, the bench reserved its final order, stating that a detailed written order will be issued later. Meanwhile, the Court had earlier extended the stay on the criminal trial for three weeks.
This is not the first time the Apex Court has raised concern over this issue. Just last week, in a separate matter, the Chief Justice had also expressed displeasure at the recurring trend of the Uttar Pradesh Police turning civil disputes into criminal cases, terming it as:
"A complete breakdown of the Rule of Law."
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He also warned that if this trend continues, the Court would not hesitate to impose costs on the State of Uttar Pradesh in similar cases.
In the earlier case, the Court had even directed the Director General of Police, Uttar Pradesh, to submit an affidavit explaining the steps taken to follow the directions given in the matter of Sharif Ahmed vs. State of Uttar Pradesh. In that case, the Supreme Court had made it mandatory for Investigating Officers to ensure that the chargesheet includes clear and complete information.
The developments highlight a growing concern within the judiciary over the misuse of criminal law by state police forces, especially in states like Uttar Pradesh. The Supreme Court’s firm stance sends a strong message against such abuse of legal process and reaffirms the importance of maintaining the boundaries between civil and criminal matters.
Case Details : RIKHAB BIRANI vs. THE STATE OF UTTAR PRADESH| SLP(Crl) No. 008592 - / 2024
