The Karnataka High Court has ruled that police must not investigate purely civil matters, expressing strong disapproval of the increasing instances where advocates are named as accused in such cases.
Case Background
Justice M Nagaprasanna quashed proceedings in three criminal cases related to a disputed will concerning 5 acres 20 guntas of land in Nagarabhavi. The court observed that police must exercise “investigative restraint” in disputes over title deeds, revenue entries, powers of attorney, or sale deeds unless allegations clearly indicate criminality.
Court's Observations
The court emphasized that the criminal justice system must conduct thorough homework at two stages: during investigation and chargesheet, and during the framing of charges by the court. At both stages, courts have the power to stop proceedings that amount to abuse of process.
Advocate S Rajendra, representing some parties, was arraigned as an accused in the three cases involving allegations of cheating, forgery, and other offenses. His counsel argued that he was accused merely for representing parties before revenue authorities. Complainants contended that Rajendra had earlier handled a civil suit in 2001, knowing his father-in-law had entered into a sale agreement.
Deep Disquiet at Disturbing Trend
Justice Nagaprasanna noted that the complaint built a narrative around decades-old civil proceedings. No concrete cause of action from August 20, 2023 (the complaint date) was articulated, except for tampering with documents. The court recorded its “deep disquiet at this disturbing trend” of dragging advocates into criminal proceedings, stating that the only “fault” of advocates is appearing for clients before a judicial forum.
