Police Cannot Act as Debt Collectors, Upholds High Court’s Role in Preventing Harassment: SC
Last Updated on February 25, 2024 by News Desk
The Supreme Court has ruled that police do not have the authority to recover money or act as a civil court for recovery of money, as their job is to investigate allegations that disclose a criminal act.
The court has pointed out the clear distinction between a civil wrong in the form of breach of contract, non-payment of money, or disregard for and violation of contractual terms and a criminal offence under Sections 420 and 406 of the IPC. However, repeated judgements of the court are being overlooked and not being applied and enforced.
The court quashed an FIR lodged by Hapur police in Uttar Pradesh and the charge sheet filed against Lalit Chaturvedi and others on a complaint for their alleged refusal to pay back over Rs 1.9 crore to a timber merchant for supplying wood.
The court noted that the ingredients of other offences were also not found in the case. In the absence of the averments made in the complaint petition wherein the ingredients of the offence can be found out, the High Court should not hesitate to exercise its jurisdiction under Section 482 of the CrPC.
The bench also emphasised that Section 482 of the CrPC saves the inherent power of the High Court, which serves a salutary purpose, viz., a person should not undergo harassment or litigation for a number of years when no criminal offence is made out.
