The Hon’ble High Court of Kerala in Prasanth vs. C.V. Kuriakose and Anr (Crl. MC.No. 2560 of 2015), held that if there is a complaint made to a magistrate then it is advisory that it should contain the affidavit along with it so as to strengthen the varsity of the complaint’s content. The decision was passed by the Hon’ble court in consequence of false and frivolous allegation that were made in a complaint by certain complainants and they were found to be false post investigation. The Hon’ble court clarified that attaching an affidavit is not a ground rule but attaching the same strengthens the contents that the complainant in the complaint alleges.
While setting aside the investigation, Hon’ble Court relied upon Apex Courts ruling in Priyanka Srivastav & Anr. V. State of UP & Ors., wherein directions were issued by the Apex Court to attach the affidavit in criminal complaints so as to verify its veracity and the genuineness of the allegations made in the complaint.
The Single Judge bench of Justice TV Anilkumar, while quashing the FIR observed that “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 beind true and correct”.