Allahabad High Court orders action against those filing false FIRs

The Allahabad High Court has directed police authorities in Uttar Pradesh to mandatorily initiate legal proceedings against individuals who lodge false, frivolous or malicious first information reports (FIRs), warning that failure to do so could invite prosecution and departmental action against erring officers.

In a strongly worded order passed on Wednesday, Justice Praveen Kumar Giri said the misuse of the criminal justice system by filing baseless complaints must be curbed, and that police officials have a duty to act against such abuse of process.

The court cautioned that non-compliance with its directions would amount to contempt of court. It added that aggrieved individuals would be entitled to approach the High Court for action not only against the police authorities concerned but also against judicial officers, if necessary.

The ruling came while disposing of a petition filed by Umme Farva, a resident of Aligarh, who had approached the court alleging misuse of police machinery through false reporting.

As part of the order, the court directed the Director General of Police to issue instructions to all police personnel across the state. It said that whenever a final report is filed exonerating an accused, and it is found that the criminal process was set in motion through false, misleading or frivolous information, the police must file a written complaint before the competent magistrate.

Such complaints are to be lodged under the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita, including Sections 212 and 217, against the informant and witnesses involved in the case.

The court’s directions apply to senior and field-level officers alike, including the Director General of Police, commissioners of police, senior superintendents and superintendents of police, as well as investigating officers, station house officers and forwarding officers.

The judgment underscores the court’s concern over the growing trend of false FIRs and seeks to ensure accountability within the police force while protecting individuals from malicious prosecution.

With PTI inputs