HC: Criminal complaint to Magistrate should have an affidavit stating Complainant’s knowledge of its contents [Read Judgement]

The Kerala High Court recently passed a ruling that if there is a complaint made to a magistrate then it is advisory that it should contain the affidavit along with it so as to strengthen the varsity of the complaint’s content.

The ruling was dictated pursuant to false and frivolous allegations that were made in a complaint by certain complainants and they were found to untrue post investigation. Though the Court stated that attaching an affidavit is not a ground rule however, attaching the same strengthens the contents that the complainant in the complaint alleges.

The Court stressed upon the same, while setting aside an investigation that was instituted to verify an embryologist’s qualifications. The complaint in this was unsupported by an affidavit. Thus, the Hon’ble Court issued an advisory and referred a Supreme Court case namely Priyanka Srivastav and Anr vs. State of UP & Ors wherein the directions were issued to attach the affidavit in criminal complaints so as to verify its veracity and the genuineness of the allegations made in the complaint.

In the words of the Supreme Court “The warrant for giving a direction that on the application under Section 156(3) is supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once the affidavit is found to be false; he will be liable for prosecution in accordance with the law”

The Kerala High Court also took the note of the same and stated that the investigation may have an ill effect on a person’s professional life and reputation. The Court further stated that the embryologist have also produced tow certificates to defend his case, with respect to the same, Justice Anil Kumar proceeded to hold, “it was rather not fair for the learned Magistrate to have entertained the complaint and directed investigation for the evident reason that the complaining party failed to submit a supporting affidavit affirming the allegations raised in Annexure –A complaint as being true and correct” Thus the FIR was quashed.

Case details

Before: Kerala High Court

Bench: Hon’ble Mr. Justice TV Anilkumar

Case Title: Prasanth vs. C.V. Kuriakose and Anr.

Read Judgment @LatestLaws.com