Supreme Court stays Allahabad HC order to police to get legal opinion before lodging FIRs in civil/commercial disputes

New Delhi, August 17

The Supreme Court has stayed the Allahabad High Court’s order to the Uttar Pradesh Police to obtain the government counsel’s legal opinion before registering FIRs in disputes of civil and commercial nature.

“Operation and implementation of paragraphs 15 to 17 of the impugned order dated 18.4.2024 (of the high court) stand stayed till the next date of listing,” a Bench led by Justice CT Ravikumar said in its August 14 order.

The Bench, which included Justice Sanjay Karol, issued notice on the Uttar Pradesh Government’s petition challenging the High Court’s order and asked respondent Sone Lal to file his reply in four weeks.

In its impugned April 18 order, the High Court had said that Magistrates should order registration of FIRs as per Section 156(3) of the Criminal Procedure Code only on satisfaction that no prior civil dispute was pending between the parties.

Disputes with regard to which an FIR was sought to be lodged under Section 406 (criminal breach of trust), Section 408 (criminal breach of trust by clerk or servant), Sections 420, 467, 471 of the IPC and it prima facie appeared that it related to a commercial or civil dispute, then opinion has be taken from the District Government Counsel/Deputy District Government Counsel concerned and an FIR can be lodged only after obtaining a report.

Making the order applicable to all cases where an FIR was registered after May 1, 2024, the High Court had said if police officers failed to seek a legal opinion in disputes of commercial and civil nature before lodging FIRs, they could face contempt proceedings.

The High Court had ordered the Director Prosecution, UP, to issue necessary directions to all Government counsels concerned.