Lucknow, Jul 18 (PTI) Uttar Pradesh police chief Prashant Kumar Thursday directed that a preliminary probe should be conducted before registering a case against entrepreneurs and businesses, saying “baseless” FIRs by “misusing” the judicial process discourage them from investing in the state.
In his directives issued to all zonal ADG/police commissioner and other senior officials, the director general of police (DGP) said that precaution should be taken before registering an FIR on the applications received against entrepreneurs and business establishments such as builders, factory operators, hotels, hospitals and nursing homes, and educational institutions.
“Misusing the judicial process and registering baseless FIRs against innocent persons, especially entrepreneurs, is against the government’s policy of inviting entrepreneurs to the state and promoting MSMEs. Such incidents may discourage businessmen from investing in UP,” DGP Kumar said.
From time to time, various business organizations have presented the facts through representations at various levels that there is an increasing tendency to register FIR by giving criminal colour to business disputes, which are basically of civil nature, he said.
In case of any accident in establishments, institutions etc., apart from the directly responsible persons, people at the management level who have no direct connection with that incident are also named in the FIR, he added.
“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 between addressing genuine grievances and discouraging baseless complaints that hinder business operations,” the DGP said.
“From time to time, the Hon’ble Supreme Court has also given clear instructions that in cases of matrimonial and family disputes, business crimes, cases of medical negligence, cases of corruption, cases in which there has been an unnatural delay in registering the FIR, an investigation may be conducted before registering the FIR,” he further added.
It is reasonable that in all such types of cases, if the commission of a cognizable offence is not found from the application presented or there is a situation of doubt, then by investigating the facts mentioned in the application, it should be ascertained whether it (cognizable offence) is found to be committed in the incident or not, and register FIR only after that, the DGP said.
It should be investigated and ensured that the application has not been presented by giving a criminal nature to business rivalry/business dispute, the directives said.
“Whether the commission of a cognizable offence is evident from the application presented or during the investigation, the inquiry officer shall provide an opportunity to both the parties, i.e., the plaintiff and the defendant, to present their side and the records provided by both the parties relating to the case should also be enclosed with the investigation report,” the DGP said. PTI ABN ABN KVK KVK
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