Law correspondent, Jagran Prayagraj. Allahabad High Court, while giving an important and far-reaching decision, has issued clear guidelines to strictly curb the trend of filing false FIRs. The court has directed in its decision that a criminal case should be initiated against those who lodged the false FIR and their witnesses also.
The court has said that along with the final or closure report, the investigating officer will have to file a complaint format for the complainant and witnesses. Judicial magistrates and police investigating officers who ignore the legal process will also not be spared. He may also have to face contempt of court proceedings, including departmental ones.
In this regard, Justice Praveen Kumar Giri has directed the DGP to issue orders to the subordinates. The court said, if an investigating officer conducts an investigation and finds that no offense is made out, he is not only bound to submit the final report, but as per the police regulations, he is also required to file a written complaint under sections 212 and 217 of the BNS (corresponding sections 177 and 182 of the IPC) for giving false information to the police, so that the case can be taken cognizance under the law.
Otherwise, this Court (High Court) can be approached for appropriate action against such conduct of judicial officers along with investigating officer, police station in-charge, circle officer, police officers. The Court has made it clear that all proceedings should be taken within 60 days from the date of this order by the judicial authorities along with the police authorities to regulate judicial proceedings as per law.
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The Single Bench has directed all Judicial Magistrates/Courts to obtain the complete case diary if the closure report is submitted in favor of the alleged accused. The investigating officer/police shall also be directed to submit a written complaint against the informant (plaintiff) as well as the witnesses in the FIR, as mentioned in section 195(1)(a) CrPC (corresponding to section 215(1)(a) BNSS).