Sc for shield against false cases, says proof must





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.