Prosecute informants filing false FIRs, Allahabad HC tells UP Police
The court also warned that failure to initiate such action would make the police officers concerned liable for prosecution under Section 199(b) of the Bharatiya Nyaya Sanhita (BNS), which deals with public servants disobeying directions of law, apart from departmental action.
HT Correspondent
letters@htlive.com
PRAYAGRAJ The Allahabad high court has directed the Uttar Pradesh Police to mandatorily initiate prosecution against individuals who lodge false or malicious FIRs.
Justice Praveen Kumar Giri passed the order while disposing of a petition filed by one Umme Farva of Aligarh.
The court held that if an investigation reveals an FIR was based on false information, the investigating officer (IO) is “statutorily obligated” to file a formal complaint against the informant.
The court also warned that failure to initiate such action would make the police officers concerned liable for prosecution under Section 199(b) of the Bharatiya Nyaya Sanhita (BNS), which deals with public servants disobeying directions of law, apart from departmental action.
In its order dated January 14, the court directed the director general of police (DGP) to issue instructions to all police officers across the state that whenever a final report (closure report) exonerating the accused is submitted, a written complaint must be filed before the competent magistrate or court in every case where the police machinery has been misused by furnishing false, frivolous or misleading information. The court specified that such complaints must be filed under Sections 212 and 217 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) against the informant and witnesses involved in the case.
In this regard, specific directions have been issued to the DGP, commissioners of police, senior superintendents of police, superintendents of police, as well as all the investigating officers, station house officers and forwarding officers, including circle officers, additional SPs, SPs and public prosecutors.
{{/usCountry}}In this regard, specific directions have been issued to the DGP, commissioners of police, senior superintendents of police, superintendents of police, as well as all the investigating officers, station house officers and forwarding officers, including circle officers, additional SPs, SPs and public prosecutors.
{{/usCountry}}The high court cautioned that failure to comply with the directions in letter and spirit would amount to contempt of court. It said the aggrieved person would be at liberty to approach the court for appropriate action against such contemptuous conduct by police authorities as well as judicial officers.
{{/usCountry}}The high court cautioned that failure to comply with the directions in letter and spirit would amount to contempt of court. It said the aggrieved person would be at liberty to approach the court for appropriate action against such contemptuous conduct by police authorities as well as judicial officers.
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