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fighting back (exec)     26 March 2015

Sc for shield against false cases, says proof must

https://epaperbeta.timesofindia.com/Article.aspx?eid=31809&articlexml=SC-for-shield-against-false-cases-says-proof-26032015009013
 
 
Mar 26 2015 : The Times of India (Hyderabad)
 
SC for shield against false cases, says proof must
New Delhi:
 

 

 
Tells Courts To Punish Anyone Filing Mischievous Complaints
Expressing deep concern over judicial bodies being misused for settling scores against opponents by filing frivolous complaints, the Supreme Court has ruled that any allegations should not be entertained until it is supported by documents and affidavit.

It said the courts should not casually pass order for registration of FIR on a complaint.The apex court said that a person must be prosecuted for making baseless allegation just to harass others.

“In our considered opinion, a stage has come in this country where Section 156(3) CrPC (for registration of FIR) applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the magistrate. That apart, in an appropriate case, the magistrate would be well advised to verify the truth and also can verify the veracity of the allegations,“ a bench of Justices Dipak Misra and Prafulla C Pant said. “We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons,“ it said. The bench said the affidavit could make the applicant more responsible as the person could be prosecuted for making false allegations on oath.



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 4 Replies

roshuv (Manager)     26 March 2015

Thanks

Pls if can post the PDF of the ruling by SC. It would be a great help.

Adv k . mahesh (advocate)     26 March 2015

it is a supremecourt order and a reportable judgement 

https://supremecourtofindia.nic.in/FileServer/2015-03-24_1427189332.pdf

go to above site the judgement is use ful 

1 Like

Ravi (a)     26 March 2015

sorry, i havenot understood completely.

my wife filed a private complaint in court under DVC act and IPC 498a and the police examined her, paretns, few witnesses under 156(3) crpc section.

how does this judgement help in my case? 

does this mean if i show this judgement in court, the magistrate will dismiss the charges without trial?

 

overall, how is this going to help me? please correct my understanding.

fighting back (exec)     27 March 2015

thank you adv mahesh..appreciate your help in providing the link to the official judgement


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