Converting civil nature dispute into a criminal is not acceptable, it is an abuse of ‘process of law’: SC

In case of Govind Prasad Kejriwal vs. the State of , the SC set aside the High order by remarking, that it is an abuse of process of law. The consisting of Justice Ashok Bhushan and Justice MR Shah gave direction to magistrate that when any inquiry is made under section 202 of CrPC, there must be check made by the magistrate that whether the case is a subject of criminal proceeding or civil proceedings because giving color to a civil nature dispute criminal color is abuse of process of law.

The High Court, in this case, refused to curtail the criminal proceeding against the accused on which the SC bench gave its opinion that using criminal proceeding in civil dispute against the accused is nothing but abuse of process of law, it also added that section 32, 379, and 341 of IPC have been neglected in this case while refusing to curtail criminal proceeding.

It also said that during the trial under section 202 of CrPC the judge must satisfy itself whether the case is related to the criminal proceeding or civil proceeding then only it should move further. For this case, the court took reference of the Bank of Oman vs. Barakara Abdul Aziz, (2013) 2 SCC 488. Hence, in this case, the SC set aside the High Court judgment.   

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