Supreme Court raises concern on rising number of civil disputes turning into criminal cases – India Legal

Expressing severe issues over the rising variety of civil disputes turning into prison circumstances, the Supreme Court docket referred to as for sturdy measures to curb the ‘incorrect apply,’ which was turning into rampant throughout varied components of the nation, particularly within the State of Uttar Pradesh.

The Bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar made these observations on Monday, whereas listening to a petition in search of to quash prison costs in a case involving breach of belief throughout the switch of a property sale deed.

Noting it as one other case of a civil dispute turning right into a prison one, the Apex Court docket mentioned such cases had been occurring rampantly in lots of States, particularly in Uttar Pradesh.

Such wrongful conversions distorted the aim of prison regulation whereas overburdening the judiciary with circumstances that ideally ought to be handled via civil litigation, famous the Bench, including that the ‘incorrect apply’ ought to be checked with sturdy measures.

One Rikhab Birani had moved the Apex Court docket difficult an Allahabad Excessive Court docket order, which refused to quash costs beneath Part 482 of the Code of Legal Process.

The Excessive Court docket had prima facie noticed that on the present stage, it couldn’t be mentioned that no offence was made out in opposition to the candidates.

A counsel apprised the Apex Court docket throughout the proceedings that no civil swimsuit was filed relating to the dispute and as a substitute, a prison case was initiated based mostly on the declare that the petitioner had moved residences, allegedly making it tough to pursue civil treatments.