CID Crime Which Probes Serious Offences Has Been Lodging FIRs In Cases Of Civil Nature 'For Reasons Best Known' To Its DGP: Gujarat HC
Lovina B Thakkar
1 Dec 2024 11:00 AM IST
The Gujarat High Court on Wednesday (November 27) said that it had come across many matters where for reasons best known to its Direct General of Police, the CID Crime–a specialized unit focussed on preventing/investigating serious offences–has been in "recent times" registering FIRs related to civil disputes, particularly those involving financial transactions or property matters.
In doing so the high court, while hearing a plea to quash a forgery FIR registered concerning a financial dispute between the partners of a firm, stayed the further investigation in the concerned FIR till December 23.
The petitioners had filed a plea to quash and set aside the FIR registered by the CID Crime, Vadodara Zone Police Station, involving allegations arising from financial and property disputes between the partners of a firm. Notably, the incident allegedly occurred between 2017 and 2019, yet the FIR was lodged only on September 21 this year after a significant delay of five years.
The FIR was registered under IPC Sections 406 (Criminal Breach of Trust), 409 (criminal breach of trust by a public servant, banker, merchant, or agent), 467 (forgery of valuable security, wills, or authority to receive property), 468 (forgery committed for the purpose of cheating, 471 (forged document as genuine), 120(B) (criminal conspiracy).
Justice Sandeep Bhatt in its order observed “Considering the above stated circumstances of the matter and moreover, this Court has observed in many matters that though the C.I.D. Crime is a special cell which requires to give priority to act for preventing the serious offences and also to investigate serious offences, but, in recent times, for the reasons best known to the highest ranking Officer i.e. Direct General of Police (D.G.P.), C.I.D. Crime, similar nature of FIRs are registered with various Police Station(s) of the C.I.D. Crime in the State, more particularly, for the dispute which is of civil nature involving financial transactions or property dealing and in most of the matters where even limitation to file Suit is expired”.
"This aspect is already considered in earlier order passed in some other matter, whereby, it is directed that the D.G.P. of the State and Secretary of the Home Department shall take serious note of the same and shall do the needful, immediately, to take corrective measures," the court added.
The Counsel appearing for the Petitioner submitted that the alleged incidents occurred between 2017 and 2019, but the FIR was filed only in September 2024. He contended that the case involves a civil dispute between partners of a firm, being wrongly portrayed as a criminal matter after an unexplained delay of five years. Despite the complainant approaching various police authorities and filing a Special Criminal Application (For Direction to Lodge FIR) which was disposed of with directions to seek appropriate legal remedies, the FIR was eventually registered without valid justification, he said.
The quashing plea further prayed for grant of a stay on the execution, operation, and investigation of the FIR until the final disposal of the plea.
The APP appearing for the State contented that that a "prima facie" case exists against the petitioners and submitted that she would convey the Court's concerns to higher officials if provided with a copy of the order.
Justice Bhatt then considering all the aspects of the matter noted in the order, “this is a glaring example of abuse of process of law with connivance of some of the Officers who are interested in such matters.”
The high court thereafter issued notice and listed the matter on December 23. It also granted stay on execution, operation and further investigation of the FIR as prayed in the plea in terms of para 11 (C) till the next date of hearing.
Case Title: Gayatri Developers Thro Vasubhai Chunibhai Patel & Ors. v/s State of Gujarat
