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Allahabad High Court Orders UP Police to Act on False FIRs, Sets 60-Day Deadline

The directive imposes statutory duties on police and magistrates with a 60-day compliance window.

Overview

  • Justice Praveen Kumar Giri directed that when a closure report exonerates an accused, police must file a written complaint against informants and witnesses who allegedly gave false or misleading information.
  • The Uttar Pradesh DGP must instruct all ranks to implement the practice statewide, with complaints to be filed under Sections 212 and 217 of the Bharatiya Nagarik Suraksha Sanhita.
  • Judicial magistrates are to receive the full case diary with closure reports and generally should not accept a final report unless it is accompanied by the required written complaint.
  • Officers who fail to comply risk departmental action, potential prosecution under Section 199(b) of the Bharatiya Nyaya Sanhita, and contempt proceedings.
  • The order arose from Umme Farva’s petition challenging summons in a 2023 case, with the High Court quashing the Aligarh magistrate’s cognizance-cum-summoning order.