Allahabad High Court Takes Strong Stand Against False FIRs
The Allahabad High Court has issued a crucial directive to the Uttar Pradesh police force. The court now requires police to mandatorily initiate prosecution against individuals who file false or malicious First Information Reports (FIRs). This landmark order aims to curb the misuse of police machinery through fabricated complaints.
Justice Giri's Detailed Ruling
Justice Praveen Kumar Giri delivered this significant order on January 14th. He disposed of a petition filed by Umme Farva from Aligarh while establishing clear legal procedures. The court emphasized that investigation officers bear statutory obligations when dealing with false FIRs.
When investigations reveal that an FIR contains false information, the investigating officer must file a formal complaint against the informant. The court explicitly warned that failure to comply would make police officers liable for prosecution themselves.
Legal Consequences for Non-Compliance
The judgment references Section 199(b) of the Bhartiya Nyaya Sanhita (BNS). This section addresses public servants who disobey legal directions. Police officers ignoring this directive face potential prosecution and departmental action.
The court further specified that when police submit final reports exonerating accused individuals, they must simultaneously file written complaints against informants who provided false information. These complaints should go before competent magistrates under Sections 212 and 217 of the Bhartiya Nyaya Suraksha Sanhita (BNSS).
Statewide Implementation Ordered
Justice Giri directed the Director General of Police (DGP) to ensure statewide compliance. The DGP must instruct all police officers across Uttar Pradesh about these new requirements. Specific directions have been issued to multiple police authorities.
- Commissioners of Police
- Senior Superintendents of Police (SSPs)
- Superintendents of Police (SPs)
- All investigation officers
- Station House Officers (SHOs)
- Forwarding officers including COs, Additional SPs, and SPs
- Public prosecutors
The court emphasized that these procedures apply particularly when police machinery has been misused through false, frivolous, or misleading information.
Contempt Provisions for Enforcement
The High Court included strong enforcement mechanisms in its order. Failure to follow these observations in letter and spirit would amount to contempt of court. Aggrieved individuals may approach the court directly if authorities disregard these directives.
The judgment holds both police authorities and judicial officers accountable for implementing these measures. This comprehensive approach ensures the order receives proper enforcement throughout Uttar Pradesh's legal system.
