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"This insistence came into vogue in the wake of the bald and frivolous allegations made by certain complainants turning out to be false in some cases, at the later stage of the investigation", the High Court noted.
The Kerala High Court recently emphasised that the allegations made in a criminal complaint before a judicial Magistrate should be backed by an affidavit stating that the complainant believes the allegations to be be true to the best of his knowledge, so as to guard against false complaints (Prasanth v. CV Kuriakose and anr).
"This insistence came into vogue in the wake of the bald and frivolous allegations made by certain complainants turning out to be false in some cases, at the later stage of the investigation", the High Court further noted.
While this was not to be a hard and fast rule, the affidavit was to back the complainant’s reasonable belief of the claims made in the complaint as far as is possible, the High Court added.
The Court emphasised on this aspect while quashing an investigation launched into the authenticity of an embryologist's qualifications. The complaint, in this case, was found to be unsupported by affidavit.
In his ruling, Justice TV Anilkumar relied upon a Supreme Court direction in Priyanka Srivastava and anr. v. State of UP & Ors. which had endorsed the use of affidavits to back up criminal complaints, while taking note of the rise of baseless complaints.
The Supreme Court had urged for the use of affidavits to support criminal complaints so that the complainant acts responsibly. In the same judgment, the Court had advised Magistrates to verify the truth and the veracity of allegations.
In turn, the Kerala High Court also took note of the implications that an investigation may have on a person’s professional person’s reputation and career. The Court further pointed out that the embryologist, in this case, has already produced two certificates to defend his stated qualifications.
In this backdrop, Justice Anilkumar proceeded to hold,
Thereofore, the FIR was quashed.
Read Order here: