Courts cannot act as agents to recover money: Supreme Court asks police to apply mind [23.9.2025]

The Supreme Court observed that courts cannot act as recovery agents and criticised the trend of turning civil disputes into criminal cases by parties in dispute.

A two-judge bench of Justices Surya Kant and N Kotiswar Singh observed that the threat of arrest cannot be used to recover outstanding amounts. The judges noted this has become a recent trend, with parties filing criminal cases to recover money that is essentially a civil dispute. 

The observations were made by the SC on Monday, in connection with a criminal case arising in Uttar Pradesh. The apex court noted that kidnapping charges were alleged against an individual in a dispute over the recovery of money.

Appearing for the Uttar Pradesh government, Additional Solicitor General KM Nataraj said that there has been a significant rise in such complaints, adding that in such cases, the police are stuck in the middle. If the police do not register a case where a cognisable offence is alleged to have been committed, the court pulls them up. Conversely, if they do register a case, it is alleged that the police are acting in bias and not following the process of law.

He further added that normally in these complaints, a criminal offence is alleged in a dispute for the recovery of money.

Justice Kant noted that the court understands the predicament of the police, adding that if an FIR is not registered where it is alleged that a cognisable offence has been committed, it is pulled up for not following the 2013 Lalita Kumar judgement of the apex court.

The bench also advised the police to apply their minds to see whether it is a civil or a criminal case before arresting an individual. It further said that such misuse of the criminal law is now posing a serious threat to the justice delivery system. Justice Kant said, "Courts are not recovery agents for the parties to recover outstanding amounts. This misuse of the judicial system cannot be allowed."

The apex court advised Nataraj that states may appoint a nodal officer for each district, preferably a retired district judge, whom police can consult to determine whether a matter is civil or criminal before proceeding under the law.

The bench directed Nataraj to seek instructions and update the court within two weeks.


23 Sep 2025