Lawstreet Journal

SC Asks Magistrates To Check The Abuse Of Law In Civil Cases Which Are Guised As Criminal [Read Judgment]

Lawstreet Journal 4 Feb 2020 3:32am

Image courtesy: Lawstreet Journal Judiciary SC Asks Magistrates To Check The Abuse Of Law In Civil Cases Which Are Guised As Criminal [Read Judgment]

The Supreme Court on 31 January, 2020 asked the magistrates to check the abuse of law in cases where purely civil disputes are given the guise of a criminal one. The bench comprising of Justices Ashok Bhushan and M R Shah while citing Section 202of the Code of Criminal Procedure, 1973 gave the judgment. 

Section 202 Cr.P.C provides for enquiry by magistrate. A magistrate before summoning the accused residing beyond its jurisdiction, shall enquire into the case or direct the investigation to be made by a police officer or such other person as he thinks fit for finding out whether or not there is sufficient ground for proceeding against the accused.

The judgment came in the case of Govind Prasad v. State of Bihar & Anr., where appellants went in appeal against a High Court order which refused to quash criminal proceedings in a complaint case. The bench while hearing the case said that the criminal allegations were mere abuse of power. 

The court said, “It cannot be disputed that while holding the inquiry under Section 202 Cr.P.C. the Magistrate is required to take a broad view and a prima facie case. However, even while conducting/holding an inquiry under Section 202 Cr.P.C., the Magistrate is required to consider whether even a prima facie case is made out or not and whether the criminal proceedings initiated are an abuse of process of law or the Court or not and/or whether the dispute is purely of a civil nature or not and/or… Continue Reading...


Tagged: Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com