UP DGP Cautions Police For Registering FIRs Against Entrepreneurs Without Prior Investigation
Updated: Jul 19, 2024 05:35:34pm
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UP DGP Cautions Police For Registering FIRs Against Entrepreneurs Without Prior Investigation
Lucknow, Jul 19 (KNN) Uttar Pradesh's Director General of Police (DGP) Prashant Kumar has instructed senior police officials to conduct preliminary probes before registering cases against entrepreneurs, citing concerns over misuse of the legal system.
DGP Kumar emphasised the crucial role entrepreneurs play in the state's economy, stressing that they should be able to operate in an environment free from baseless FIRs that misuse the judicial process and discourage investment.
The directives, issued to all zonal ADGs, police commissioners, and other senior officials, call for precaution when registering FIRs against entrepreneurs and business establishments such as builders, factory operators, hotels, hospitals, nursing homes, and educational institutions.
Business organisations have repeatedly raised concerns about the growing tendency to criminalise business disputes that are essentially civil in nature.
The DGP pointed out that in cases of accidents in establishments or institutions, people at the management level who have no direct connection to the incident are often named in the FIR.
The instructions align with Supreme Court guidelines on FIR registration in specific cases. The DGP called for caution in cases involving matrimonial and family disputes, business crimes, medical negligence, corruption, and those with an unnatural delay in filing the complaint.
He emphasised that in such cases, if a cognizable offense is not evident from the application or there is doubt, an investigation should be conducted to ascertain the facts before registering an FIR.
Kumar stressed the importance of investigating whether the application has been filed to criminalise a business rivalry or dispute.
In cases where a cognizable offense is evident from the application or during the investigation, the inquiry officer must provide an opportunity for both the plaintiff and the defendant to present their side, and the records provided by both parties should be included in the investigation report.
"Entrepreneurs are the backbone of our economy and it is our duty to ensure that they operate in a conducive environment free from unwarranted legal challenges. By requiring a preliminary enquiry, we aim to strike a balance," said Kumar.
(KNN Bureau)