Supreme Court Criticizes Allahabad HC Judge for Allowing Criminal Proceedings in Civil Case, Sets Aside Order

Supreme Court Criticizes Allahabad HC Judge for Allowing Criminal Proceedings in Civil Case, Sets Aside Order

The Supreme Court set aside an Allahabad High Court order that allowed criminal proceedings for the recovery of money in a civil dispute. The Court criticised Justice Prashant Kumar’s reasoning, calling it “shocking” and “untenable.”

The Supreme Court held that permitting criminal prosecution as a substitute for civil remedy undermines established legal principles. The Supreme Court directed the Chief Justice of the High Court to ensure he sits only with a senior judge.

The matter arose from a complaint over unpaid dues in a commercial transaction. The case was remanded to be heard afresh by another bench.

[M/S Shikhar Chemicals v State of Uttar Pradesh]

Read Order / 8 months ago

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