Description

The Supreme Court on August 14 stayed three paragraphs of the impugned order of the Allahabad High Court, wherein the court directed the Uttar Pradesh police to seek legal opinion from Government counsel prior to registering a First Information Report (FIR) in cases which prima facie appeared to be civil transactions. A Supreme Court bench further stayed the High Court's direction that Magistrates should direct registration of FIR as per Section 156(3) of the CrPC only on satisfaction that no prior civil dispute was pending between the parties. The Court directed that in cases where FIR is sought to be registered under Sections 406 (punishment for criminal breach of trust), 408 (criminal breach of trust by clerk or servant), 420, 467, 471 of the IPC and it prima facie appears that the case relates to a commercial or civil dispute, then opinion will be taken in all such cases from the concerned District Government Counsel/Deputy District Government Counsel in their respective Districts and only after obtaining a report, the F.I.R. will be registered.

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Erin Gonzales

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