Legal provisions involved: Section 538 BNSS, Sections 212 and 217 of the Bharatiya Nyaya Sanhita, 2023, Sections 504 and 507 IPC (now Sections 352 and 351(4) of the Bharatiya Nyaya Sanhita, 2023), Section 154 CrPC (now Section 173 BNSS), Sections 177 and 182 IPC (now Sections 212 and 217 BNS), Section 155 CrPC (now Section 174 BNSS).

Judgement by: Allahabad High Court

Judge/Bench: Justice Praveen Kumar Giri

Facts

An FIR was lodged alleging offences under Sections 504 and 507 IPC. After the police investigation, the allegations were found to be false and a closure report was filed in favour of the accused. The informant then filed a protest petition. The Magistrate rejected the closure report and summoned the accused, which led the accused to approach the High Court.

Key legal provisions

• Section 528 BNSS
• Sections 504 and 507 IPC [now Sections 352 and 351(4) of the Bharatiya Nyaya Sanhita, 2023]
• Section 154 CrPC (Section173 BNSS)
• Sections 177 and 182 IPC (now Sections 212 and 217 BNS)
• Section 155 CrPC (now Section 174 BNSS).

Issues raised

Whether a Magistrate can simply accept a protest petition and ignore a closure report, and whether action is mandatory against persons who file false FIRs.

Arguments of the case

The accused argued that the case was false and the Magistrate followed the wrong procedure. The State supported the Magistrate’s order.

Judgement

The Allahabad High Court held that when an investigation ends in a closure report stating that the FIR is false, the Magistrate must ensure action against the informant and witnesses who gave false information. Such action can only be started through a written complaint under Section 195 CrPC. The summoning order was set aside, and the court warned that failure to follow these directions would amount to contempt of court.

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