‘One of the worst orders’: In 1, HC judge hearing in SC bar from criminal cases. Bharat News

New Delhi: Angered that “we are one of the worst and most wrong orders that we have come”, the Supreme Court has pulled out Allahabad HC Justice Prashant Kumar to allow criminal action in a civil dispute case. Questioning Kumar’s ability to decide criminal cases, SC, in an unprecedented order, directed that he should not be given any criminal case until retired, and to sit in a division bench with the experienced judge of HC.Justice JB Pardiwala and R Mahadevan said, “The judge has not only cut a regrettable figure for himself, but has made fun of justice. We are at the end of our Wits to understand what is wrong with the judiciary at HC level.”SC: Passing such absurd and wrong orders unnecessary SC said many times “We leave thinking whether such orders are passed on some external ideas or it is ignorance of the law. Whatever it is, it is unattainable to pass such absurd and wrong orders”. It said that the wrong order was not an exception as Justice Kumar had passed equally unattainable people over the period of time, who left them without any option, but to take extreme steps.The case relates to the sale of goods and payment between two traders. The seller gave goods worth Rs 52.34 lakh, out of which he was paid Rs 47.75 lakh. Since the remaining amount was not paid, they filed a criminal case from which another businessman transferred HC to reduce the case.Allowing criminal proceedings in the case, a single bench of Justice Kumar justified its decision, saying that the complainant will not be in a position to pursue the litigation as it will take years and would have to invest more money to pursue litigation. “To be more accurate, it will look like a good money chasing good money. If this court allows the case to be sent to the court due to a civil dispute between the parties, it will be justice and OP to suffer. No.2 (complainant) will suffer irreparable loss and may not be in a position to emerge from financial obstacles to advance the matter, “he said.Expressing shock at the stand raised by the judge by the SC Peeth, he said, “Is it the understanding of the High Court that if the accused is finally convicted, the trial court will provide the remaining amount to him? Are shocking. This is a very sad day to read comments for one and all … It was expected to know the well -settled situation of the law from the High Court that a complainant could not be allowed to resort to criminal proceedings in cases of civil dispute, as there would be funds to misuse the law process.“It was expected from HC to understand the nature of the allegations made in the complaint. In the substance, HC has said in so many words that the criminal action established by the complainant in a case of pure citizen dispute is appropriate because the complainant may take a long time to recover the balance amount by liking a civil suit,” said this.The bench rejected the order and directed that the case be reconsidered by HC but by another judge. “The Chief Justice of the High Court will immediately withdraw the current criminal assessment from the concerned judge. The Chief Justice HC with a experienced senior judge will put the concerned judge in a division bench. We further directed that the concerned judge will not be entrusted to any criminal assessment, unless he will sit as a single judge.