SC Halts Allahabad HC’s Restrictions on Filing FIRs in Civil Matters

In a significant development, the Supreme Court has stayed parts of an order issued by the Allahabad High Court that imposed specific conditions on registering First Information Reports (FIRs) in cases primarily involving civil or commercial disputes. The Supreme Court’s intervention on August 14 underscores the judiciary’s careful consideration of the procedural safeguards required in FIR registrations.

Background of the Case:

• Allahabad High Court Order:
  • On April 18, 2024, the Allahabad High Court issued an order concerning the registration of FIRs.
  • The order mandated that, before registering FIRs under certain sections of the Indian Penal Code (IPC), the police must consult legal counsel.
  • This applied specifically to cases under Sections 406 (criminal breach of trust), 408 (criminal breach of trust by clerk or servant), 420 (cheating), 467 (forgery), and 471 (using forged documents).
  • The High Court expressed that FIRs in these cases should only be registered after obtaining legal opinions if the matter appeared to be civil or commercial.
• Directive on Legal Opinions:
  • The Court stated, “In cases where an FIR is sought to be registered under the specified sections 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 FIR will be registered.’”
  • The legal opinion was required to be included in the final part of the FIR.
• Contempt Proceedings Warning:
  • The Court added that this directive would apply to all FIRs registered after May 1, 2024.
  • Police officers failing to seek the required legal opinion before FIR registration could face contempt proceedings.

Supreme Court’s Intervention:

• Supreme Court Stay:
  • On August 14, 2024, a Supreme Court bench consisting of Justices C.T. Ravikumar and Sanjay Karol took up the matter.
  • The Court was hearing a Special Leave Petition (SLP) filed by the Uttar Pradesh Government against the Allahabad High Court’s order.
  • The Supreme Court decided to stay the operation of paragraphs 15 to 17 of the High Court’s order.
• Scope of the Stay:
  • The stay order specifically mentioned, “Operation and implementation of paragraphs 15 to 17 of the impugned order dated 18.4.2024 passed in Criminal Misc. Writ Petition No. 5948/2024 stand stayed till the next date of listing.”
  • This means that the directives contained within these paragraphs are temporarily halted until the case is reviewed further.

Key Provisions of the High Court Order (Now Stayed):

• Legal Opinion Requirement:
  • The High Court directed that, before an FIR is registered under Sections 406, 408, 420, 467, and 471 of the IPC, police must obtain a legal opinion.
  • This legal opinion was to be sourced from the District Government Counsel or Deputy District Government Counsel.
  • The opinion was required to be documented in the concluding section of the FIR.
• Instructions to Police Officers:
  • The Director General of Police (DGP), Uttar Pradesh was instructed to ensure that all Senior Superintendents of Police (SSP) in the state comply with these orders.
  • The SSPs were to instruct Station House Officers (SHOs) to seek legal opinions at the “pre-cognizance stage” if the case appeared to be civil or commercial.
• Direction to Magistrates:
  • The High Court criticized trial courts for merely forwarding complaints to police officers under Section 156(3) of the CrPC without proper examination.
  • The Court directed that Magistrates should only order the registration of FIRs after confirming that “no prior civil dispute is pending inter se parties before any court of law, and the Court is convinced that commission of a cognizable offence is made out.”

Click to read- State of U.P. & Ors. V. Sone Lal & Ors, SLP (Crl) Diary No. (s) 24766/2024