Allahabad High Court: Police Must Prosecute Informants Who File False FIRs Once Allegations Found Untrue

The Allahabad High Court held that police authorities are mandatorily required to prosecute informants who lodge false or malicious FIRs once an investigation finds the allegations to be untrue.

The Court observed that Investigating Officers are statutorily bound under Section 215(1)(a) BNSS to file complaints against such informants.

It warned that failure to do so may attract prosecution under Section 199(b) BNS, along with departmental action and even contempt of court.

Emphasising protection of Article 21 rights, the Court found serious procedural lapses by both the police and the Magistrate, terming the case an abuse of process of law.

[Umme Farva v. State of U.P. & Anr.]