Kerala HC: Complaint to Magistrate should be backed with an affidavit

The High Court of Kerala in Prashant v. CV Kuriakose and anr.  emphasised that allegations which are made in a Criminal Complaint before a Judicial Magistrate should be backed by an affidavit which shall state that the complainant believes that the imputations made by him in his complaint are true to all his knowledge to keep an attentive eye on false, fake complaints.

In this case the sole accused seeks to quash FIR registered against him for commission of offences punishable under Sections 415, 419, 463, 464, 465 and 471 of IPC, invoking the inherent power of High Court under Section 482 of Cr.P.C. on the ground that the FIR is the result of false implication as well as personal enmity of the first respondent towards him.

The court noted that this insistence came into vogue in the wake of the bald and frivolous allegations made by certain complainants turning out to be false in some cases, at the later stage of the investigation. It was opined by the Honorable Apex Court that there existed the need for devising appropriate legal mechanism for holding the persons responsible for making false imputations.

However the Court noted that this was not to be the hard and fast rule although the complaint backed with an affidavit back the complainant’s reasonable belief of the allegations and imputations in complaint as far as possible.

The Court quashed the FIR which was made regarding the authenticity of an Embryologist’s Qualifications. The complaint in this case was not backed by an affidavit and the Court pointed out that the said embryologist has presented two certificates to prove his qualifications.

The Single Bench of Justice TV Anilkumar while giving this ruling relied on directions given by Supreme Court in Priyanka Srivastava and anr. v. State of U.P. & ors

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