The Supreme Court ruled on Monday that the police and the courts are not recovery agents and that the fear of arrest cannot be used to resolve civil disputes, despite the fact that officers are still filing formal complaints.
The statement was made by a bench consisting of Justices Surya Kant and N K Singh after it was determined that the Uttar Pradesh police had filed a cheating case, turning a merely civil disagreement involving money between two parties into a criminal issue.According to K M Nataraj, an additional solicitor general, police ultimately receive criticism from both sides.
Courts censure it if it fails to comply with the SC's directive to record a FIR immediately upon receiving a complaint revealing an offence, and if it does, it is charged with lacking diligence.
The bench acknowledged the police's "damned if you do, damned if you don't" situation and stated, "The filing of a formal complaint does not always entail that the accused individual must be taken into custody right away.
The nature of the crime and whether it is a criminal or civil infraction must be considered by the police.
According to Justice Kant, "The legal system's ability to administer justice is seriously threatened by such abuse of the criminal law.
Even when the conflict is solely civil in nature, many believe they can employ the police and courts as recovery agents by filing criminal proceedings.
The bench recommended that each district choose a nodal official, ideally a retired district judge, who police might consult if they were unsure of the type of offense civil or criminal described in the FIR.
It requested that the extra solicitor general consider the idea and provide the court with a report.
