Criminal complaint to Magistrate should have an affidavit stating Complainant’s knowledge of its contents

Team SoOLEGAL 26 Aug 2020 4:10pm

Criminal complaint to Magistrate should have an affidavit stating Complainant’s knowledge of its contents

Kerala High Court has passed a ruling stating that if there is any complaint made to the magistrate then it is suggested that it should contain the affidavit too to reinforce the varsity of grievance substance.

The ruling was given in accordance to the false allegations that were made in a complaint by several complainants which were found fallacious after the investigation. The court said that attaching an affidavit is not mandatory, however attaching the same will make the complaint stronger.

The court has emphasized on the same, while putting aside an investigation that was established to confirm an embryologist's capabilities. The complaint in this case was not supported by the affidavit. The hon’ble court gave warning and took reference of a Supreme court case Priyanka Srivastava & Anr vs State Of U.P.& Ors on 19 March, 2015, where it was directed by the court to attach an affidavit in criminal cases to ascertain the truthfulness of the allegations made.

The Supreme Court said “The warrant for giving a direction that on the application 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”.This was done so that if the affidavit is proven to be false, then the person is to be held liable for prosecution in accordance with the law.

The Kerala HC also said that the investigation may cause effect to a person’s professional life as well as reputation. The Court has additionally expressed that the embryologist has likewise created two affidavits to safeguard his case, regarding the equivalent, Justice Anil Kumar continued 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.

Tagged: Kerala High Court   Supreme court   Justice Anil Kumar   Criminal complaint   Criminal Case  
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