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 allegations 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 held by Justice T.V.Anilkumar in Prasanth vs. C.V. Kuriakose and Anr [Crl. MC.No. 2560 of 2015].
While setting aside the investigation, Hon’ble Court relied upon Apex Courts ruling in Priyanka Srivastava & 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 behind true and correct.”
In this petition learned Magistrate advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kinds of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons.
Finally, considering all the facts of the petition, all pending interlocutory applications are closed.
Judgement reviewed by-Sarita Kumari