Tendency To Approach Police For Civil Wrongs Undermines Rule of Law: Allahabad High Court Slams 'Cosmetic' FIRs

The Allahabad High Court recently termed it as 'disturbing' that the public approaches the police and the Collectors for the redressal of civil wrongs, as this tendency undermines the fabric of the rule of law and promotes extra-legal agencies for remedies where these agencies have no jurisdiction.

A bench of Justice JJ Munir and Justice Tarun Saxena made the observations while hearing a criminal writ petition filed by Daljeet Singh and another.

Their plea challenged an FIR that essentially pertained to a commercial dispute over the non-payment of fares for vehicles hired by the petitioners to transport their cargo to different destinations.

The informant had alleged that while he was shot at, the bullet struck no one. The bench noted that this was, prima facie, a "cosmetic allegation" deliberately manufactured to lend a criminal colour to a civil dispute.

"It is very disturbing that members of the public in all walks of life insist on going to the Police and the Collectors of the Districts for the redressal of all kinds of civil wrongs, where the jurisdiction lies with the Civil Court. This tendency, which is encouraged by all sections of the society, is likely to undermine the fabric of the rule of law and promote extra-legal agencies for remedies where these agencies have no jurisdiction", the bench remarked.

Against this backdrop, finding a prima facie case, the Court admitted the petition and issued notices.

The bench granted interim relief to the petitioners and directed that they shall not be arrested in the FIR registered under Sections 109(1), 116(2), and 352 BNS until further orders.

The Court also sought an affidavit of the Senior Superintendent of Police, Moradabad, seeking an explanation as to how this FIR was registered by the Police.

The matter has been listed for orders on April 15.