News Karnataka
Thursday, October 06 2022
Bengaluru

‘Private complaints with affidavit to be entertained’

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Bengaluru: The High Court of Karnataka has issued an order requiring private complaints to be accompanied by an affidavit of the complainant whenever a direction is sought for a police investigation.

“The time has come to nip frivolous registration of crime in its bud,” said Justice M. Nagaprasanna.

According to the court, a complainant who files a private complaint must produce an affidavit detailing the failure of his or her efforts to have a complaint filed with the police.

The court said that there is a wide difference between verification and an affidavit. An affidavit is a legally signed and notarised document, whereas verification is simply the complainant’s statement that what he has said is true. While filing a false affidavit can make the complainant accountable and subject to legal action, verification does not.

“Magistrates, before whom a complaint is filed under Section 200 of the CrPC seeking investigation under Section 156(3) of the CrPC, shall not entertain such complaints unless they are accompanied by an affidavit as mandated by the Supreme Court in the Priyanka Srivastava and Babu Venkatesh cases,” the court said.

The court further remarked that various petitions have been filed challenging magistrates’ directions under CrPC Section 156 (3) without accompanying affidavits.

The court further remarked that various petitions have been filed challenging magistrates’ directions under CrPC Section 156 (3) without accompanying affidavits.

“It is cases like these, among others, that have led to a docket explosion in the trial court and this court because any complaint without accountability can sometimes be frivolous, frivolous I say, for the reason that complaints are filed to wreak vengeance; to give a civil dispute a colour of crime; to settle personal scores, among other things. As a result, the complainants should be held accountable for the registration of all crimes, said the court.

In the case at hand, applications were filed challenging the magistrate court’s order that an FIR is filed based on a private complaint. In relation to a lift irrigation project, the complaint was filed against a retired Chief Engineer and others.

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