Prayagraj: The Allahabad High Court has taken a stern stance against the misuse of the criminal justice system and false complaints, directing police that if an investigation finds the allegations in an FIR to be false or misleading, it is mandatory for the investigating officer to file a formal criminal complaint against the person who provided the information as well as any false witnesses. The court emphasized that merely filing a closure report will not suffice.
The order was passed by Justice Praveen Kumar Giri during the hearing of a matrimonial dispute case. The High Court instructed the state Director General of Police and judicial officers to ensure strict compliance with these directions within 60 days.
Action on false information is now mandatory
The High Court clarified that whenever police conclude that an FIR was filed based on false information or deliberate misrepresentation, the investigator must file a written complaint under Section 215(1) of the Indian Civil Security Code (BNSS) against the complainant.
The court underlined that this is not discretionary but a legal obligation. It warned that failure to comply could result in legal action against the responsible police officers.
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Magistrate’s role also defined
The court also issued specific directives regarding the role of magistrates. Magistrates are instructed not to accept any closure report until it is accompanied by a written complaint against the person who provided the false information.
In cases where a protest petition has been filed, magistrates have been directed to withhold action on the police complaint until the protest petition has been fully adjudicated.
Strict warning on contempt
The High Court made it clear that non-compliance with these instructions will constitute contempt of court. The ruling stressed that such measures are essential to curb the misuse of criminal law; without them, the abuse of the legal process would continue unchecked.
Applicable legal provisions
The High Court noted that if an investigation finds the allegations to be false and police submit a closure report, a written complaint must be filed against the complainant under Sections 212 and 217 of the Indian Penal Code. These provisions correspond to the former IPC Sections 177 and 182 and address giving false information and misleading public servants.
The court further clarified that failure to file the required complaint could expose the concerned police officers to legal action under Section 199(B) of the IPC.
Supreme Court precedent cited
The High Court cited the Supreme Court ruling in State of Punjab v. Raj Singh (1998), emphasizing that courts cannot take cognizance of offences arising from false information without a written complaint from a public servant. This responsibility, the court stressed, rests squarely with the police to ensure proper documentation and formal complaint.
Clarity on non-cognizable offences
Justice Giri also clarified that in non-cognizable offences, a police report should be treated as a complaint and not as a state-initiated case. In line with this, the High Court set aside an order from the Chief Judicial Magistrate of Aligarh, which had treated a non-cognizable police report as a cognizable offence.
